IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 3215 of 2009 PETITIONERS: ACCUSED: ------------------------------- 1. M.V.BABU, AGED 57 YEARS, S/O.VARGHESE, MULAMPALLIL HOUSE, KALLISSERY P.O., CHENGANNUR. 2. MOLY BABU, W/O.M.V.BABU, MULAMPALLIL HOUSE, KALLISSERY P.O., CHENGANNUR. BY ADV. SRI.ESM.KABEER RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3215 OF 2009 ------------------------------------------------------ Dated this the 16th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.427 of 2009 of Chengannur Police Station. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. I have gone through the case diary. The case of the de facto complainant is that he is a person who has lost eye sight of both his eyes. The first accused is a Pastor. The de facto complainant was made to believe by the accused persons that he would get help from abroad. Photographs of the de facto complainant and his wife were taken for that purpose. Joyce, wife of the de facto complainant, worked as a servant in the house of the first accused. At that time, a postal article, containing a cheque for 3800 dollars, came in the address of Joyce, wife of the de facto complainant. It is alleged that this cheque was taken by the second accused, who is the wife of the first accused, and it was never returned. The case of the de facto complainant that the financial help given to him could not be enjoyed by him on account of the offence committed by the petitioners. B.A. NO. 3215 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am not inclined to pass an order under Section 438 of the Code of Criminal Procedure, in favour of the petitioners. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/