IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 28TH SEPTEMBER 2006 / 6TH ASWINA 1928 Bail Appl..No. 5833 of 2006() ----------------------------- CRIME NO.348/2006 OF TIRUR POLICE STATION APPLICANT/ACCUSED NO.3: ---------------------------------------- T. SURENDRAN, THARAYIL HOUSE, EZHUR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBILC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, TIRUR POLICE STATION. BY PUBLIC PROSECUTOR, SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. - - - - - - - - - - - - - - - - - - - - B.A. No. 5833 of 2006 - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of September, 2006 O R D E R The petitioner is the third accused in Crime No.348/2006 of Tirur Police Station, for the offence punishable under Section 420 I.P.C., read with Section 34 of the Indian Penal Code. The prosecution alleges that the accused, three in number, had received huge deposits from various depositors. Thereafter, without notice to the depositors, closed the business and left the place. The prosecution complaints that accused Nos.1 and 2 have already alienated the properties and are absconding. However, submission is that the first accused approached this Court for a pre-arrest order and even the direction to surrender before the Investigating Officer, had not so far been complied with. The petitioner is also before this Court under Section 438 Cr.P.C. 2. After considering the materials on record, I direct the petitioner to surrender before the Investigating B.A.No.5833/2006 2 Officer, who is investigating Crime No.348/2006 of Tirur Police Station, on 06/10/2006, between 9.30 a.m and 10 a.m. 3. The Investigating Officer shall interrogate the petitioner and thereafter, produce him before the court below, according to the law. 4. On production, the learned Magistrate shall, hear both sides and pass appropriate orders, on the same day itself. (J.M.JAMES) Judge ms