IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6190 of 2011() ----------------------------- Crime No.1282 of 2010 of Pathanamthitta Police Station. PETITIONER/ACCUSED NO.6 ------------------------------------------- BINOOP S., S/O. SUKUMARAN NAIR, KADAMATTU HOUSE, MANNAPPUZHA, RANNI-CHERUNADU, RANNI, PATHANAMTHITTA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6190 OF 2011 --------------------------------- Dated this the 29th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.6 in Crime No.1282 of 2010 of Pathanamthitta Police Station. 2. The offences alleged against the petitioner are under Section 420 read with 34 of the Indian Penal Code and Sections 10 and 24 of the Emigration Act. 3. The prosecution case is that several persons were offered job abroad as Nurse and the accused persons illegally collected 1.5 Crores from more than 150 people. The petitioner styled himself as Marketing Executive Agent of Exodus International and collected huge amounts from various persons, who were offered employment abroad. It is alleged that no person was taken abroad and they were B.A. No.6190 OF 2011 2 cheated. The petitioner apprehends arrest. 4. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms