IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 3987 of 2009 CRIME NO.377 OF 2009 OF KODAKARA POLICE STATION APPLICANT/ACCUSED ------------------------------------- GEETHA,W/O.NANDANAN, THOMMATH HOUSE,KODAKARA. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY SUB-INSPECTOR OF POLICE, KODAKARA POLICE STATION,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3987 OF 2009 ------------------------------------------------------ Dated this the 9th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.377 of 2009 of Kodakara Police Station. 2. The offence alleged against the petitioner is under Section 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that promising employment in Russia to the husband of the de facto complainant, the accused persons collected a sum of Rs.1,50,000/- from the husband of the de facto complainant. Though the husband of the de facto complainant was sent to Russia, he was not offered any job there. In fact, the continued stay of the husband of the de facto complainant in Russia appeared to be illegal. After a few days of struggle there, the husband of the de facto complainant could manage to come back to India. It is stated that the accused persons committed the offence of cheating. B.A. NO. 3987 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would affect the smooth investigation of the case. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/