IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Bail Appl..No. 6798 of 2008() ----------------------------- CRMP.3108/2008 IN CRIME NO.713/2008 OF CHATHANNOOR POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- SEENA.R., AGED 34, W/O.K.SUDHAKARAN, ANARI, THTTIKUZHI, KALLUVATHUKKAL P.O PARIPPALLY VILLAGE, KOLLAM. BY ADV. SRI.E.K.MURALEEDHARAN SRI.E.M.MURUGAN RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6798 of 2008 --------------------------------------------- Dated this the 12th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 506(1) of IPC and Sections 13 and 17 of the Money Lenders Act. According to prosecution, defacto complainant borrowed an amount of Rs.50,000/- from the petitioner and on representations made by petitioner, defacto complainant was induced to hand over some signed blank cheques and also signed stamp papers to petitioner. The whole money and interest were paid back, but, petitioner refused to return the documents. She was also intimidated. 3. Learned counsel for petitioner submitted that the allegations made in the complaint will not constitute any offence under Section 420 IPC, since allegations do not disclose 'deception'. As per the allegations, defacto complainant herself had given the stamp papers and the signed cheques. But, there is no element of any deception. Therefore, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the allegations made are serious in nature and petitioner is involved in similar other crimes. It is revealed that BA No.6798 /2008 2 she cheated other persons also in the same manner by procuring signed documents and demanding more money. Rs.1,50,000/- more is now demanded from the defacto complainant, it is submitted. 5. On hearing both sides, considering the seriousness of the allegations made, I am not inclined to grant anticipatory bail. The absence of existence of one of the ingredients of the offence cannot be made a ground to grant anticipatory bail, at this early stage of investigation. The crime was registered on 12.10.2008. Petitioner is required for interrogation and also seizure of the documents allegedly procured by deceit. Petitioner has not surrendered before the court so far and in such circumstances, I issue the following order: Petitioner shall surrender before the Magistrate Court concerned or before the police without any delay and co-operate with investigation. Whether petitioner surrenders or not, police is at liberty to arrest petitioner and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE csl