IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5376 of 2011(D) ------------------------------------------ [CRIME NO.206/2011 OF PANAMARAM POLICE STATION, WAYANAD] .............. PETITIONERS/ACCUSED NOS.1 AND 2: -------------------------------------------------------- 1. K.B.NOUSHAD ALI, S/O.K.B.M.BADUSHA, AGED 50, MUNNAS APARTMENT, MESS HOUSE ROAD, KALPETTA, WAYANAD DISTRICT. 2. SHEMEEM NOUSHAD, W/O.K.B.NOUSHAD ALI, AGED 42, MUNNAS APARTMENT, MESS HOUSE ROAD, KALPETTA, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR. RESPONDENT: ---------------------- THE STATION HOUSE OFFICER, PANAMARAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. BY PUBLIC PROSECUTOR SRI. MANU.V. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/07/2011, ALONG WITH B.A. NO.5377/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T.SANKARAN, J. ------------------------------------------- B.A. Nos.5376 & 5377 OF 2011 ------------------------------------------- Dated this the 19th day of July, 2011 ORDER These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure in Crime No.206 and 2011 of the Panamaram Police Station, Wayanad District. 2. The offence alleged against the petitioners is under Section 420 of the Indian Penal Code. 3. Bail Application No.5376 of 2011 is filed by the 1st and 2nd accused, while Bail Application No.5377 of 2011 is filed by the 4th and 5th accused. 4. The prosecution case is that the accused persons introduced themselves as the Team leaders of Florensa RTP, Bombay and induced the defacto complainant to part with a sum of `12,40,500/-(Rupees Twelve lakhs forty B.A. Nos.5376 & 5377 OF 2011 2 thousand and five hundred only). The amount was not repaid. It is alleged that high rate of interest and high return were offered for the deposit. The further allegation is that neither the amount paid nor the promised income was given to the defacto complainant. 5. The allegation levelled against the accused are grave in nature. It is necessary to make a thorough investigation of the case. If the petitioners are granted anticipatory bail, a proper and smooth investigation of the crime would not be possible. The discretionary relief of anticipatory bail cannot be granted in favour of the petitioners against whom serious offences are alleged. For the aforesaid reasons, the Bail Application is, dismissed. K.T.SANKARAN, JUDGE. cms