IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 2909 of 2009 CRIME NO.322 OF 2009 OF AROOR POLICE STATION PETITIONER/ACCUSED -------------------------------------- KAREEMGHAN, AGED 44 YEARS, S/O.ABDULGHAN, KOCHITHARA (H), EZHUPUNNA, CHERTHALA, ALLEPPEY. BY ADV. SRI.M.J.SANTHOSH RESPONDENT: COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, AROOR POLICE STATION, REPRESENTED BY STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.VIPINDAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/06/2009, ALONGWITH B.A.NO.3423 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. Nos.2909 & 3423 OF 2009 ------------------------------------------------------ Dated this the 26th June, 2009 O R D E R B.A.No.2909 of 2009 is filed by Kareemghan and B.A.No.3423 of 2009 is filed by Fareeda, who are accused in Crime No.322 of 2009 of Aroor Police Station, seeking anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons came to the shop of the de facto complainant and stated to him that gold ornaments belonging to Fareeda were pledged in a bank and that if a sum of Rs.46,000/- is given to them, they would take the pledged items and handover the same to the de facto complainant for a price. The de facto complainant, who is running a shop where purification of gold is one of the items of job, believed the words of the accused persons and paid a sum of Rs.46,000/- to the accused. Kareemghan asked his wife to go to the house. The de facto complainant and Kareemghan went to the bank. Kareemghan directed the de facto complainant to wait outside. He took B.A. NOS.2909 AND 3423 OF 2009 :: 2 :: the ornaments from the bank. Thereafter, Kareemghan entrusted some ornaments to the de facto complainant and made him believe that those ornaments were the items taken back from the bank. Thereafter, they went to the shop of the de facto complainant. Kareemghan escaped from the place under the pretext of taking a cool drink. It was later revealed that the ornaments handed over by Kareemghan were not gold ornaments but were fake ornaments. 4. In the facts and circumstances mentioned above, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. The petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Applications are accordingly dismissed. (K.T.SANKARAN) Judge ahz/