IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 3140 of 2009 CRIME NO.582/2007 OF MUSEUM POLICE STATION PETITIONERS: ACCUSED 1 AND 2 ----------------------------------- 1. SEBASTIAN P. JOHN, S/O. JOHN, PLANTHOTTATHIL (H), PAZHAYARIKANDAM KARA, KANJIKUZHY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. 2. STEFFY MARY GEORGE, W/O. SEBASTIAN P. JOHN, PLANTHOTTATHIL (H), PAZHAYARIKANDAM KARA, KANJIKUZHY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.K.VARGHESE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH C0URT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3140 OF 2009 ------------------------------------------------------ Dated this the 29th July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 4 in Crime No.582 of 2007 of Museum Police Station. 2. The offences alleged against the petitioners are under Sections 420 and 471 read with Section 34 of the Indian Penal Code and Section 10 of the Immigration Act. 3. The prosecution case is that the first petitioner/first accused was running an institution under the name and style “Ave Maria Associates”. The allegation is that the accused persons induced several unemployed youth and collected huge amounts on the promise of providing job abroad. The persons who parted with the money did not get job. They were not paid back the amount also. 4. Taking into account the facts and circumstances of the case, the nature of the offence and the allegations levelled against the B.A. NO.3140 OF 2009 :: 2 :: petitioners, I do not think that the petitioners are entitled to get anticipatory bail. The discretionary relief under Section 438 of the Code of Criminal Procedure cannot be extended in favour of a person against whom the allegations as made in this case are alleged. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/