IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4444 of 2009 CRIME NO.436 OF 2009 OF HOSDURG POLICE STATION CRMP.2210/2009 of DISTRICT COURT, KASARAGOD PETITIONER/ACCUSED -------------------------------------- RAJESH, AGED 32 YEARS, S/O.GOVINDAN, KARUVALAM HOUSE, P.O.PADNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4444 OF 2009 ------------------------------------------------------ Dated this the 19th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.436 of 2009 of Hosdurg Police Station. 2. The offence alleged against the petitioner is under Section 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that promising employment Visa abroad, the petitioner and the other accused received money from the de facto complainant and the Visa was not arranged. The money was also not paid back. 4. Taking into account the facts and circumstances of the case and the allegations levelled against the petitioner, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/