IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Bail Appl..No. 5039 of 2009() ----------------------------- CRIME NO.149/2009 OF BADIADKA POLICE STATION PETITIONERS/ACCUSED -------------------------------------- 1. VASANTHI AGED 39 YEARS W/O. JAYANARAYANA SHETY, R/AT VIJYA PRATHEEKA HOUSE, MOVVAR POST MOVVAR KASARAGOD. 2. MR. JAYANARYANA SHETY, R/AT VIJYA PRATHEEKA HOUSE, MOVVAR POST MOVVAR KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP. BY OF THE SUB INSPECTOR OF POLICE, BADIADKA POLICE STATION REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5039 of 2009 --------------------------------------------- Dated this the 20th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.149 of 2009 of Badiadka Police Station. 2. The offences alleged against the petitioners are under Sections 406, 418 and 420 read with Section 34 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the court of the Judicial Magistrate of the First Class, Kasaragod which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The gist of the prosecution case is the following: The defacto complainant, Gandhi Smaraka Seva Kendram, is a society registered under the Societies Registration Act. Apart from its other activities, it is engaged in micro finance to the Self Help Groups affiliated with the society for the upliftment of the poor. Sreesaskthi Self Help Group was formed for helping the poor women in the area. That group was affiliated to the complainant's BA 5039/2009 2 society. A sum of Rs.76,000/- was granted as loan to Sreesakthi Self Help Group. The allegation is that without crediting that amount in the account of Sreesakthi Self Help Group, the accused persons had misappropriated the amounts by drawing the amount from the Bank. In spite of the promise to credit the same in the account of Sreesakthi Self Help Group, it was not done. It is also alleged that in the cheque for Rs.76,000/-, signature of the President of the Self Help Group, namely, Kanchana, was obtained by the accused with the assurance that the amount would be credited in the account of Sreesakthi Self Help Group. But, it was not done. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I am of the view that the petitioners are not entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. If bail is granted to the petitioners, it would adversely affect the smooth and proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl