IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2885 of 2009 CRIME NO.245 OF 2009 OF PALA POLICE STATION CMP.2768/2009 of J.M.F.C.,PALA PETITIONERS/ACCUSED NO.1 AND 3: --------------------------------------- 1. SALIM THAYILAGED 54,S/O.GEORGE THAYIL, KUMAR COTTAGE,U.K.S.ROAD,KOZHIKODE. 2. THAMBI JACOB,AGED 50 YEARS, S/O.K.C.CHACKO,PEEDIYEKKAL HOUSE, KUMARAMANGALAM.P.O. KOZHIKODE-673571. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE,PALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2885 OF 2009 ------------------------------------------------------ Dated this the 3rd June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 3 in Crime No.245 of 2009 of the Pala Police Station. 2. The offence alleged against the petitioners is under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons received huge amounts from several persons offering job and good salary and cheated them. Hundreds of complaints were filed against the accused persons. The formal arrest of the petitioners were recorded on 2.5.2009, they having been arrested on 22.4.2009 in connection with Crime No.235 of 2009 of Pala Police Station. Learned Public Prosecutor seriously opposed the Bail Application. It is submitted that hundreds of persons have made complaints against the accused persons alleging offence of the similar nature. Crores of rupees were collected by the accused persons from the public and the allegation is that they cheated those persons who parted with money. B.A. NO. 2885 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature of the offence and the present stage of investigation, I am not inclined to grant bail to the petitioners at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/