IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Bail Appl..No. 7297 of 2009() ----------------------------- CRIME NO.250/2004 OF CHEVAYUR POLICE STATION .................... PETITIONER(S): ACCUSED: ---------------------------- P.J.ROY @ PHILIP, S/O.JOSEPH, AGE 50 YEARS, PALLIVATHUKKAL VEEDU, NALANCHIRA P.O., ULLUR AMSOM, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7297 of 2009 --------------------------------------------- Dated this the 11th day of December, 2009 ORDER The petitioner had filed Bail Application No.6485 of 2009 which was dismissed as per the order dated 24th November, 2009. For the sake of convenience, the order dated 24th November, 2009 is extracted below. “This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.250 of 2004 of Chevayur Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 417, 420, 120B, 463, 464, 465 and 468 read with Section 34 of the Indian Penal Code. 3. The crime was registered in the year 2004. There are six accused persons involved in the case. The prosecution case is that the accused persons formed a co- operative society under the name and style “Kerala Leather and Plastic Goods Manufacturing Industrial Co-operative Society”. They conducted interview of several persons at Thiruvananthapuram offering employment in the Society and collected huge amounts from the job seekers. Later, they shifted their area of operation to Kakkodi, Kozhikode, where 115 persons were interviewed by them. The allegation is that the petitioner and the other accused collected more than Rs.50 lakhs from the persons who attended the interview. Thereafter, the accused persons were not available and they absconded. The petitioner could be arrested only on 17.10.2009. He was remanded to judicial custody. 4. The investigation is not over. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail, it would adversely affect the proper and smooth investigation of the case. It is also likely that the petitioner may indulge in activities to intimidate or influence BA No.7297/2009 2 the witnesses and to tamper with the evidence. 5. In the peculiar facts and circumstances of the case, I am inclined to accept the contention put forward by the learned Public Prosecutor. The petitioner cannot be released on bail at this stage of the investigation. The Bail Application is accordingly dismissed.” 2. The investigation is not over. From 2004 to 2009, the petitioner was not available in station and he could not be arrested. The investigating agency has to take necessary steps to proceed with the investigation in respect of a crime registered in 2004 where several persons were allegedly cheated. The task before the investigating officer is a difficult one. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl