IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6213 of 2011() ----------------------------- Crime No.681 of 2011 of Kannur Town Police Station. PETITIONERS/ACCUSED ---------------------- 1. SATHEESHAN THAZHATH EDATHIL, S/O.MITHRAN KANAKATHIDAM, AGED 41 YEARS, MALAPATTAM, KANNUR DISTRICT. 670 602. 2. SARISH RAVINDRAN NAIR, S/O.RAVINDRAN NAIR, CHERIYAPRAVAN, AGED 26 YEARS, PALANGADAN HOUSE, KANNAPURAM EAST, MOTTAMMAL, KANNUR DISTRICT. 670 331. 3. SATISH KUMAR CHEVON, S/O.KUNHAMBU CHEVON, AGED 45 YEARS, "AMRUT", KELTRON NAGAR WEST, KALLIASSERI, KANNUR DISTRICT. 670 562. BY ADV. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA SRI.GOPAKUMAR G. (ALUVA) RESPONDENT: COMPLAINANT - STATE ---------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, TOWN POLICE STATION, KANNUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6213 of 2011 ---------------------------------------------- Dated this the 22nd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1, 2 and 5 in Crime No.681 of 2011 of Kannur Town Police Station. 2. The offence alleged against the petitioners is under Section 4 of the Prize Chits and Money Circulation Scheme (Banning) Act. 3. On 13/06/2011, on getting information that a money chain model business is being conducted in the establishment of the petitioners, a search was conducted by the Sub Inspector of Police in the premises. It was revealed that the petitioners along with other accused were conducting a business under the name and style “Mango Tree”. The petitioners had evolved a scheme by which an investor of Rs.550/- would be getting floor wash liquid and anti-radiation mobile chip and commission @ Rs.50/- on the enrollment of each such member. Bail Appln.No.6213/2011 : 2 : 4. The learned counsel for the petitioners submitted that, prima facie, no offence is made out under the Act. On going through the case diary, I am not inclined to accept the contention put forward by the petitioners. Prima facie, there are materials to indicate that a money circulation scheme is involved in this case. 5. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, 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 skj