IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA SUNDAY, THE 10TH FEBRUARY 2008 / 21ST MAGHA 1929 Bail Appl..No. 3628 of 2008() ----------------------------- (CRIME NO. 290/2008 OF TALIPARAMBA POLICE STATION) PETITIONER/ACCUSED 2. ---------------------------- SHOBY JACOB, S/O.CHACKO AGED 34 YEARS PUTHENPURAYIL HOUSE , NEDIYENGA AMSOM DESOM, TALIPARAMBA BY ADV. SRI.V.A.SATHEESH RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, TALIPARAMBA' POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DYA PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------ Bail Appl.No.3628 of 2008 ------------------------------------------ Dated this the 10th day of June, 2008. ORDER Petition for anticipatory bail. 2. According to prosecution, the petitioner along with first accused entered into an agreement with the de facto complainant to sell a super market for a consideration of Rs. 2 lakhs and obtained an advance of Rs. 175,000/-. Thereafter, they did not hand over the business premises to the de facto complainant, but closed down the business and thereby cheated the de facto complainant. 3. Learned counsel for the petitioner submitted that the first accused was granted bail and the disputes give rise only to civil liability and hence anticipatory bail may be granted. 4. Learned Public Prosecutor submitted that the criminal intention of deception is there even at the time of executing the crime. This is not a fit case to grant anticipatory bail, it is submitted. It was also pointed out that the first accused was granted bail only after long period of detention. On hearing both sides, I am satisfied that it may not be proper to grant anticipatory bail to the petitioner in an offence of this nature. This petition is dismissed. K. HEMA, JUDGE. Krs.