IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 8193 of 2011() ----------------------------------------- (CRIME NO.344/2011 OF BALUSSERY POLICE STATION,KOZHIKODE DISTRICT) ............ PETITIONER/1ST ACCUSED: ------------------------------------------- MOHAMMED SHAMEER, AGED 28 YEARS, S/O.HUSSAIN, MAS VILLA, P.O.ULLANAM, NEAR B.E.M.HIGH SCHOOL GROUND, CHIRAMANGALAM, THIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO.8193 OF 2011 -------------------------- Dated this the 7th day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the first accused in Crime No.344/2011 of Balussery Police Station for offences punishable under Section 420 IPC and Sections 3, 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side, I find that the allegation in the complaint against the petitioner is that he had deceived a sum of Rs.5,25,000/-. It does not appear that the case is a falsely foisted one. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating officer. The Investigating Officer after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk