IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8853 of 2011() ----------------------------- CRIME NO.992/2011 OF PALA POLICE STATION, KOTTAYAM .................... PETITIONER/2ND ACCUSED : -------------------------------- P.V.JOHNY, AGED 53 YEARS, S/O.LATE VARKEY, PUTHENVEETIL, KONTHURUTHY, THEVARA.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.B.JAYASURYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALAI POLICE STATION, KOTTAYAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8853 of 2011 --------------------------- Dated this the 2nd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.992 of 2011 of Palai Police Station, Kottayam District. 2. The offences alleged against the petitioner are under Section 420 read with Section 34 of the Indian Penal Code and Sections 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act. 3. The prosecution case is that accused Nos.1 and 2 collected more than ` 50 lakhs from various people promising them high returns for the money deposited by them in a Company run by the accused under the name and style Plexus Marketing Pvt. Ltd. and thereby the accused committed the offences. 4. The petitioner was arrested on 17.10.2011 and he BA 8853/11 2 was remanded to judicial custody. It is submitted by the learned Public Prosecutor that the petitioner is the Managing Director of the Company. The investigation is not over. It is submitted that accused No.1 is absconding. 5. In the nature of investigation that is required in the case, the petitioner cannot be released on bail at this stage. The investigation is at the early stage. Several witnesses are to be questioned and several documents are to be perused. Several data have to be collected by the investigating agency. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case, particularly, since A1 is stated to be absconding. If the petitioner is released on bail, it is most likely that he would intimidate and influence the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl