IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 3151 of 2009 CRIME NO.256 OF 2009 OF K0TTAYAM EAST POLICE STATION PETITIONERS/ACCUSED NOS.1 & A2 --------------------------------------- 1. SEBASTIAN P.JOHN,S/O.JOHN, PLANTHOTTATHIL (H),PAZHAYARIKANDAM KARA, KANJIKUZHI VILLAGE,THODUPUZHA TALUK, IDUKKI DISTRICT. 2. STEFFY MARY GEORGE,W/O.SEBASTIAN P.JOHN, PLANTHOTTATHIL (H),PAZHAYARIKANDAM KARA, KANJIKUZHI VILLAGE,THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.K.VARGHESE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3151 OF 2009 ------------------------------------------------------ Dated this the 29th July, 2009 O R D E R 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.256 of 2009 of Kottayam East Police Station. 2. The offences alleged against the petitioners are under Sections 406 and 420 of the Indian Penal Code and Section 24(1)(a)(b) of the Immigration Act. 3. The prosecution case is that the first accused, who was running an institution in the name and style “Amer Speak Institution”, collected huge amounts from several persons offering job abroad. They did not get job and they did not get back the money. The second accused is the wife of the first accused and the third accused is a person who claims rights over the Institution. According to the prosecution, the third accused is the Manager of the Institution. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against B.A. NO. 3151 OF 2009 :: 2 :: the petitioners, I do not think that this is a fit case where the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/