IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 5789 of 2011 CRIME NO.885 OF 2011 OF MANNUTHY POLICE STATION, THRISSUR. PETITIONER: ACCUSED NO.3: -------------------- RAMAKRISHNAN, AGED 52 YEARS, CHEMBATHU HOUSE, P.O. MULLAKARA, THRISSUR - 682 583. BY ADV. SRI.M.C.SEN, SENIOR ADVOCATE SRI.V.B.UNNIRAJ RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION, MANNUTHY. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, ALONGWITH B.A.NO.5682 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. Nos.5789 & 5682 OF 2011 ------------------------------------------------------ Dated this the 25th day of November, 2011 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. B.A.No.5789 of 2011 is filed by accused No.3 in Crime No.885 of 2011 of Mannuthy Police Station and B.A.No.5682 is filed by accused No.4 in that crime. 2. The offences alleged against the accused are under Sections 418 and 420 of the Indian Penal Code and Sections 3, 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act No.43 of 1978). 3. The crime was registered on the basis of a petition filed by 206 persons alleging that promising high returns on depositing amounts in Nano Excel Corporation Ltd., the accused persons induced several persons to deposit money. Thousands of persons deposited amounts. It is also alleged that the accused persons BAIL APPL. NOS.5789 & 5682 OF 2011 :: 2 :: amassed wealth by getting commission from the company on enrolling new members. 4. Learned Additional Director General of Prosecution submitted that the company and its officers and promoters collected a total amount of `358 crores from the general public and defrauded them. Learned Additional Director General of Prosecution also submitted that several documents are to be seized and funds collected to be traced out during investigation and if the petitioners are granted anticipatory bail, it would adversely affect the proper investigation of the case. 5. The allegations levelled against the petitioners are very grave in nature. It is alleged that defrauding large number of persons, huge amounts were collected by the company. It is alleged that the petitioners are beneficiaries of such fraud, they having received handsome commission on enrolling new members in the scheme. 6. In the nature of the allegations levelled against the BAIL APPL. NOS.5789 & 5682 OF 2011 :: 3 :: accused, I do not think that the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. It is also likely that the petitioners would influence or intimidate the witnesses and tamper with the evidence, if anticipatory bail is granted to them. For the aforesaid reasons, the Bail Applications are dismissed. (K.T.SANKARAN) Judge ahz/