IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Bail Appl..No. 5465 of 2011() ----------------------------- CRIME NO.1703/2011 OF ALUVA POLICE STATION PETITIONER (S): 3RD ACCUSED ----------------------------------- P.A. ALIKUNJU, AGED 42, S/O. SAIDU, PARUTHIKKAL HOUSE, VADACODU.P.O, KANGARAPADI, KOCHI -21. BY ADV. SRI.S.RAJKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, ALUVA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5465 of 2011 --------------------------- Dated this the 12th day of July, 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.3 in Crime No.1703 of 2011 of Aluva Police Station. 2. The offences alleged against the petitioner are under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons promised huge profit on deposits made by the customers in the Uni Pay Group of Companies. It is alleged that the de facto complainant deposited ` 10 lakhs in the Company believing the words of the accused. However, the de facto complainant did not get any amount. 4. The petitioner was arrested on 27.6.2011 and he was remanded to judicial custody. BA 5465/2011 2 5. The Bail Application is seriously opposed by the learned Public Prosecutor. It is submitted that if the petitioner is released on bail at this stage, it would very seriously affect the investigation. It is also likely that the petitioner may make himself scarce. 6. Taking into account the facts and circumstances of the case and also the case of the prosecution that several persons were allegedly cheated by the accused, and also taking into account the fact that the investigation is pending, I am not inclined to grant bail to the petitioner at this stage. 7. If bail is granted to the petitioner at this stage, it would adversely affect the smooth investigation of the case. It is also likely that the accused may make himself scarce. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl