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. 7381 of 2011(A) ----------------------------- (CRIME NO. 199/2011 OF PAYYOLI STATION, KIZHIKODE DISTRICT) PETITIONERS/ACCUSED 1 TO 3 --------------------------- 1. RAGHAVAN.K., AGED 53 YEARS, S/O. LATE SIVARAMAN, KUTHIRANGATTIL HOUSE, LAKKIDI.P.O., PALAKKAD-679301. 2. PRATAPAN, AGED 39 YEARS, S/O. GOVINDAN, KALLIDUMBIL HOUSE, MANISSERY.P.O., OTTAPALAM, PALAKKAD-679521. 3. MOHANAN, AGED 43 YEARS, S/O. KUTTAPPAN NAIR, CHILLAYIL HOUSE, MANJISSERY.P.O., OTTAPALAM, PALAKKAD-679527. BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI. VIPIN NARAYAN RESPONDENT/COMPLAINANT ---------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PAYYOLI POLICE STATION, KOZHIKODE DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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.7381 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 accused Nos. 1 to 3 in Crime No.199/2011 of Payyoli Police station for offences punishable under Sections 3, 4, 5 and 6 of Kerala Prize Chits Money Circulation Banning Act, 1978, and Sections 201, 468 and 420 IPC. 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 either side, I find that the petitioners are involved in similar other cases. According to the learned Public Prosecutor, the deceived amount exceeds more than one crore. In the above circumstance, this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. Accordingly, this petition is dismissed with liberty to the petitioner to apply for regular bail. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge