IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Bail Appl..No. 3386 of 2010() -------------------------------------- (CRIME No.189/10 OF THRIKKUNNAPPUZHA POLICE STATION) PETITIONER (S)/ACCUSED : ------------------------------------- 1. SANDEEP KUMAR,AGED 35,S/O.UDAYABHANU, PUTHIYIDATHU THEKKATHIL HOUSE,THRIKKUNNAPPUZHA VILLAGE,KARTHIKAPPALLY TALUK. 2. SINU MOHAN,AGED 30 YEARS, S/O.MOHANAN, SINUBHAVANAM, DO. BY ADV. SRI.G.BENO RESPONDENT(S): ---------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THRIKKUNNAPPUZHA POLICE STATION, THRIKKUNNAPPUZHA. 3. CIRCLE INSPECTOR OF POLICE,HARIPAD. PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------- B.A. No. 3386 of 2010 ------------------------------------ Dated this the 8th day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 406 and 420 read with Section 34 of the Indian Penal Code. According to prosecution, petitioners collected various amounts from various persons and deposited the same in the company, but thereafter, company was closed down and amounts were not returned. Petitioners thereby committed the offences with intention to misappropriate the money and cheat the depositors. 3. Learned counsel for petitioners submitted that petitioners (A1 and A2) are innocent of the allegations made. It is also submitted that the matter was settled between the parties about 10 years back and this fact is known to third respondent. 4. This petition is opposed. Learned Public Prosecutor submitted that charge sheet was laid on 30.05.2010 before the Judicial First Class Magistrate Court, Harippad. If the matter was settled, petitioner may seek regular bail from the trial court, it is submitted. B.A. No. 3386 of 2010 2 5. On hearing both sides and on considering the stage of the case, I find that if the matter is settled petitioners may approach the trial court, but there is nothing on record to show that the matter is settled. There are also no exceptional circumstances to grant anticipatory bail. The offences were allegedly committed(more than 10 years back) and I do not think that this is a fit case to grant anticipatory bail to petitioners, who have not co-operated with the investigation for the past more than 10 years. This petition is dismissed. K. HEMA, JUDGE ln