IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 5007 of 2009 C.C.NO.41 OF 2009 ON THE FILE OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, KUNNAMANGALAM IN CRIME NO.307/CR/KKD/05 OF CBCID, KOZHIKODE. PETITIONER/2ND ACCUSED ------------------------------------------ SANTHOSH KUMAR, AGED 26 YEARS S/O. SIVASANKARA PILLAI, POOVANATHUMVILA VEEDU, ANDOOR MURI, VALAKOM VILLAGE, KOTTARAKKARA. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE INSPECTOR, C.B.C.I.D., KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5007 OF 2009 ------------------------------------------------------ Dated this the 8th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the fifth accused in C.C.No.41 of 2009 on the file of the Court of the Judicial Magistrate of the First Class, Kunnamangalam. The case was registered as Crime No.307/CR/KKD/05 of CBCID, Kozhikode. 2. The offences alleged against the petitioner are under Sections 419, 420 and 120B read with Section 34 of the Indian Penal Code. 3. The charge was laid in the case along with the report that the petitioner was absconding. Later, the petitioner was arrested on 18.6.2009 in connection with Crime No.207 of 2006 of Thrikkakkara Police Station. His formal arrest was recorded in the present case on 23.7.2009, the petitioner having been produced on production warrant. B.A. NO. 5007 OF 2009 :: 2 :: 4. The prosecution case is that the petitioner represented to the de facto complainant that the petitioner is a Captain in Indian Army and collected Rs.60,000/- from the de facto complainant. Similarly, sums from three other persons were collected assuring job in Indian Army. It is stated that a mock physical examination was conducted at Goa. 5. Learned Public Prosecutor submitted that the Court has granted permission for further investigation under Section 173(8) of the Code of Criminal Procedure. Accordingly, further investigation is in progress. It is necessary to get further details from the petitioner. The permission for grant of bail is opposed mainly on this ground. 6. In the facts and circumstances of the case and particularly, in view of the fact that further investigation is permitted under Section 173(8) of the Code of Criminal Procedure, I do not think that the petitioner can be released on bail at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/