IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Bail Appl..No. 134 of 2009() -------------------------------------- CMP.9375/2008 of J.M.F.C.,IRINJALAKUDA CRIME NO.362/2008 OF KATTOOR POLICE STATION. .................... PETITIONER (S): ACCUSED NO. 3 IN CMP. NO.9375/08 OF JUDL. IST CLASS -------------------- MAGISTRATE IRINJALAKUDA C.K. JOHNSON, AGED 54 YEARS, S/O. LATE C.A.KUNJU VAREED, RESIDING AT CHAKKALA MATTATH HOUSE, P.O. ARIPALAM, VIA IRINJALAKUDA, THRISSUR DIST. BY ADV. SRI.P.K.JOSE RESPONDENT(S): ----------------------- 1. THE SUB INSPECTOR OF POLICE, KATTOOR POLICE STATION, P.O KATTOOR, THRISSUR DIST. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------- B.A. No.134 OF 2009 ---------------------------- Dated this the 19th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 406 read with 34 of I.P.C. According to prosecution, petitioner (second accused) and other accused are partners in a firm, which was accepting deposits from various persons including defacto complainant offering to pay high interest. But, neither interest was paid nor money was returned and hence, a complaint is lodged alleging cheating and misappropriation. 3. Learned counsel for petitioner submitted that petitioner is only a partner and he was arrayed as an accused in this case in his capacity as a partner. He may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor opposed this bail application and stated that as per the allegations, offences alleged are made out and defacto complainant was cheated by not returning money received as deposit or paying interest. B.A.No.134 of 2009 2 On hearing both sides, I do not find any special circumstances, which persuades me to grant anticipatory bail. The crime was registered on 10.12.2008. Petitioner shall surrender before the Investigating Officer or before the Magistrate court concerned and co-operate with the investigation. Whether he surrenders or not police is at liberty to arrest him and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac