IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 5555 of 2011() ----------------------------- CRIME NO.659/2011 OF VADAKARA POLICE STATION, KOZHIKODE. PETITIONER (S): /ACCUSED -------------------------------------- ABDUL ALI @ ABDUL JALEEL, S/O.MUHAMMED, AGED 32 YEARS, MANGOTTU HOUSE, ANDHIYOOR KUNNU P.O., KOTTAPPURAM, MALAPPURAM-673 637. BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): STATE -------------------- THE STATION HOUSE OFFICER, VATAKARA POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S.HYMA. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk P.S.GOPINATHAN, J ---------------------------- B.A. NO.5555 OF 2011 -------------------------- Dated this the 23rd day of December, 2011. O R D E R The petitioner, who is the accused in Crime No.659/2011 of Vatakara Police Station for offences under Sections 406 and 420 IPC r/w Sections 4, 5 and 6 of Prize Chits and Money Circulation Scheme (Banning) Act, 1978 filed a petition as Crl.M.C.856/2011 under Section 438 of the Code of Criminal Procedure before the Sessions Judge, Kozhikode, seeking an order to direct the respondent to release the petitioner on bail in the event of arrest with a plea that he was falsely implicated. The learned Sessions Judge by Annexure A1 Order found that this is a case in which a sum of Rs.7,12,000/- was deceived and that the investigation is in mid way and that custodial interrogation is warranted and that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. Now seeking the same relief, this petition is filed. 2. Having heard either side and going by the order of the Sessions Judge, I find that as found by the learned Sessions judge, the allegation is regarding the deception of a sum of Rs.7,12,000/-. The investigation could not be proceeded with as the petitioner is absconding. B.A. NO.5555 OF 2011 2 The request of the prosecution for custodial interrogation cannot be declined. Therefore, I am not inclined to grant an order to release the petitioner on bail as prayed for. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the learned Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk