IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Bail Appl..No. 7218 of 2008() ----------------------------- CRIME NO.447/2008 OF TOWN POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED 1 & 2:- ----------------------------------------------- 1. P.GANGADHARAN NAIR, S/O. K. MADHAVAN NAIR, SREEGANGA, P.O. KUTTIKATTOOR, KOZHIKODE DIST. 2. T. GANGADHARAN NAIR, S/O. GOVINDA KURUP, AMBADI HOUSE, P.O. VELLOOR, CALICUT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAING/STATE:- -------------------------------- 1. THE S.I. OF POLICE, TOWN POLICE STATION,KOZHIKODE. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7218 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 406, 420 read with section 34 IPC. According to prosecution, petitioners are President and Secretary of an Ex-Servicemen Welfare Co- operative Society. They received huge amount as Fixed Deposit from various persons by making some fraudulent representations and they deceived them by issuing receipts in the name of Ex- servicemen Charitable Society, which was not actually functioning. They did not return the money and thereby, cheated various persons and also committed misappropriation. 3. Learned counsel for petitioners submitted that petitioners were not the President and Secretary during the relevant time. The offences alleged will not be attracted, particularly since the money was not entrusted with the petitioners, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the allegations, the petitioners received the amount and they have persuaded complainant to make deposits. In the similar manner they have received various BA 7218/08 -2- deposits from various other persons also and many complaints are received against petitioners. In the nature of allegations made, it is not a fit case to grant anticipatory bail. 5. On hearing both sides, considering the nature of the allegations made, I do not think it fit to grant anticipatory bail. Petitioners' will be required for interrogation for ascertaining the matters which are within the exclusive knowledge regarding the transaction. Hence I am not inclined to grant anticipatory bail. Petitioners are directed to surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.