IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 2156 of 2009 -------------------------------------- (CRIME NO. 9/2009 OF THRIKKODITHANAM POLICE STATION0 ............... PETITIONER/ ACCUSED: ----------------------------------- T.SANTHOSHKUMAR, VALUPARAMBIL HOUSE, KURUMPANADOM P.O., PALAMATTOM, CHANGANACHERRY. BY ADV. MR.S.PRASANTH. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, THRIKKODITHANAM POLICE STATION, CHANGANACHERRY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. -------------------------------- Bail Application No.2156 of 2009 -------------------------------- Dated this the 21st day of April, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioner, who is the accused in Crime No.9/2009 of Thrikkodithanam Police Station for offences punishable under secs.420 read with 34 of I.P.C., seeks anticipatory bail. According to prosecution, the petitioner collected certain amount from the defacto complainant and did not repay the same and thereby cheated her. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case involving such grave offence. It is too early to accept the petitioner's contention that the petitioner has been falsely implicated. There is no reason why the petitioner should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioner surrenders before the Magistrate concerned within two weeks from today and files an application for regular bail, the same shall be considered and disposed of B.A.No.2156 of 2009 2 preferably on the same day on which it is filed. With the above observation, this Application is disposed of. V.K.MOHANAN, JUDGE pac