IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 5755 of 2011(F) ------------------------------ (CRIME NO. 1153/2011 OF PANANGADU POLICE STATION, ERNAKULAM DIST.) PETITIONERS/ACCUSED 1 TO 8 -------------------------- 1. M.VENKATAKRISHNA RAO, AGED 33 FIRST TVR STREET, MARUTHI NAGAR,VIJAYAVADA, RESIDING AT SRT-345, JAWAHAR NAGAR MAIN ROAD, HYDERABAD DISTRICT PIN 500 020. 2. JOBI MICHEL AGED ABOUT 40 S/O.MICHEL, VARAVUMKEL HOUSE, ANIKKAD, AVOLY PO MOOVATTUPUZHA. 3. UNNI @ SUJIL KUMAR AGED 41 S/O. BALACHANDRAN KARTHA, PUTHUPPARA HOUSE, VENGOLA PO, ARACKAPPADY, PERUMBAVOOR. 4. ANSON M.P, @ ANSON KUMBALANGI AGED 31 S/O.M.A.PAPPACHAN, MADATHAMATTU HOUSE KUMBALANGI SOUTH PO, KOCHI 682 007. 5. PAUL DEVASSY AGED 35 S/O.DEVASSY N.P, NJALIAN HOUSE, SREEMOOLANAGARAM, ALUVA 683 580. 6. KOSHORE RAJ AGED 52 S/O.RAJAN, KOMACHAMPRAMBIL,PALLURUTHY,KOCHI-6. 7. SATHEESH AUGUSTINE,AGED ABOUT 40 S/O.K.C.AUGUSTINE, KUNNAPPILLY HOUSE SOUTH CHITTOOR,P.O.KOCHI 682 027. 8. SANTHOSH AUGUSTINE, AGED 34 S/O.K.C.AUGUSTINE, KUNNAPPILLY HOUSE SOUTH CHITTOOR,P.O.KOCHI 682 027. BY ADV. SRI.C.P.UDAYABHANU dlk Bail Appl..No. 5755 of 2011(F) -2- RESPONDENT/COMPLAINANT ---------------------- STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE PANANGADU POLICE STATION (CRIME 1153/2011) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA) BY PUBLIC PROSECUTOR SMT. S. HYMA. THIS BAIL APPLICATION HAVING BEEN COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk P.S.GOPINATHAN, J ---------------------------- B.A. NO. 5755 OF 2011 -------------------------- Dated this the 18th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1 to 8 in Crime No.1153/2011 of Panangadu Police station for offences punishable under Sections 420 IPC and Sections 4, 5 and 6 of Prize Chits and Money Circulation Banning Act, 1978. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard the learned Public Prosecutor, it is revealed that the petitioners are involved in massive deception. Therefore I find no reason to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is dismissed with direction to the petitioners to surrender before the Investigating Officer, who, after interrogation shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the Magistrate shall dispose of without any delay provided sufficient notice is given to the Asst. Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge