IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 230 of 2008() ---------------------------- CRIME 711/07 OF VALAPPATTANAM POLICE STATION .................... PETITIONERS ---------------------------- 1. I.V.PRABHAKARAN, S/O.P.V.BALAKRISHNAN, AGED 48 YEARS, BUSINESS, AZHEEKKODE AMSOM, DESOM P.O.(AZHEEKODE, KANNUR TALUK. 2. M.V.MUHAMMED NAJEEB, AGED 50 YEARS, CONTRACTOR, S/O.MAHAMOOD HAJI, MADAYI AMSOM, VENGARA DESOM, P.O.VENGARA. 3. P.MUHAMMED SHAFI, AGED 62 YEARS, S/O.ABDULLA, AGRICULTURIST, SAFINA MANZIL, THAIKKANDAPURAM P.O., HOSPITAL ROAD, NEELESWARAM, KASARAGOD (DISTRICT). 4. M.V.RAVEENDRAN, AGED 42 YEARS, S/O.RAMAN, ARTIST MODULAR, MEDICAL COLLEGE HOSPITAL, PARIYARAM. BY ADV. SRI.P.BABU RESPONDENTS: ------------- STATE OF KERALA (SHO, VALAPPATTANAM POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 230 OF 2008 ```````````````````````````````````````````````````` Dated this the 16th day of January, 2008 O R D E R Application for anticipatory bail. Petitioners claim to be the office bearers of a Trust. According to the prosecution, there is no such Trust at all. The petitioners allegedly solicited donations to the Trust. Those, who offer donations, were misled to believe that lots shall be drawn and prizes shall be given to the donees. To mislead the donees it was falsely included in the notice that the draw of lots shall be taken at the Collectorate at Kannur. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that no draw of lots have taken place. The learned counsel for the petitioners further submits that instead of mentioning that the draw of lots shall be at a place near the Collectorate, by mistake, it was printed that draw shall be made at the BA.230/08 : 2 : Collectorate. Lenient view may be taken and anticipatory bail may be granted to the petitioners, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that available indications clearly suggest that the petitioners had misled the members of the public with a fraudulent intention to cheat them. 4. I am satisfied that there is merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which would justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioners must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 5. In the result, this petition is dismissed. Needless to say, if the petitioners surrender before the investigating officer or the learned Magistrate and apply for bail, after giving BA.230/08 : 3 : sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks