IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 272 of 2010() ---------------------------- CRL.MC.23/2010 IN CRIME NO.666/2009 OF NADAKKAVU POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. NISAR, AGED 38 YEARS, S/O.AHMED KOYA, KAMMALI HOUSE, POOLADIKUNNU, ERANHIKKAL, KOZHIKODE DT. 2. MUHAMMED ASHRAF, AGED 43 YEARS, S/O.KUNHAYIN, CHIRKKAL ARIYOLI HOUSE, THALAKULATHOOR, ATHOLI, KOZHIKODE DT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.272 of 2010 --------------------------------------------- Dated this the 21st day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.666 of 2009 of Nadakkavu Police Station. 2. The offence alleged against the petitioners is under Section 420 of the Indian Penal Code. 3. The prosecution case is that the accused persons collected huge amounts from various persons in Kannur, Kasaragod, Wayanad and Kozhikode districts offering them visa and employment abroad. Fake visas were also shown to them to make it appear that they could go abroad. The petitioners did not provide the visa from whom the money was collected. They even did not return the money. The petitioners made themselves scarce. However, on 10.12.2009, Valancherry police apprehended the petitioners in suspicious circumstances. Thereafter, it was revealed that the petitioners are the accused persons involved in this crime. The petitioners were produced before the learned Magistrate and they were remanded to BA No. 272/2010 2 judicial custody. They are in judicial custody since 10.12.2009. 4. The learned Public Prosecutor submitted that on hearing the news of the arrest of the petitioners, several persons approached the police and stated how they were cheated by the petitioners. Lakhs of rupees were collected by the petitioners from different persons. 5. The learned counsel for the petitioners submitted that amounts were collected by other persons and not by the petitioners. According to the counsel, the real intention of the de facto complainant was to bring to book the real culprit and not the petitioners. There is no material to connect the petitioners with the offence. 6. After having heard the learned counsel for the petitioners and the learned Public Prosecutor, prima facie, I am of the view, that there are materials to connect the petitioners with the offence. The allegation is that they cheated several persons and gave them the false promise that visas would be arranged for them to go abroad. Huge amounts were collected by the petitioners. After collecting huge amounts, the whereabouts of the petitioners were not known. The petitioners BA No. 272/2010 3 could be brought to book only because of their arrest by the Valancherry police. As rightly pointed out by the learned Public Prosecutor, if the petitioners are released on bail at this stage, they would make themselves scarce, indulge in prejudicial activities and influence or intimidate the witnesses. 7. In the facts and circumstances of the case, I am of the view that the petitioners cannot be released on bail at this stage. If the petitioners are released on bail, it would adversely affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl