IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 463 of 2008() ---------------------------- CRIME NO.549 OF 2007 OF ANTHIKAD POLICE STATION PETITIONER : 3RD ACCUSED: ----------------------------- MUHAMMED ADAM NAVAF, AGED 30 YEARS, S/O.MOHAMMED IBRAHIM, ESSAN MANZIL, PALLODE, PACHA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.RAJIT RESPONDENTS: STATE: ------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.463 of 2008 ------------------------------------- Dated this the 6th day of February, 2008 ORDER Application for anticipatory bail. Petitioner is the 3rd accused. Altogether there are 3 accused persons. Along with co- accused, the petitioner faces allegations under Section 420 I.P.C. He along with co-accused is alleged to have cheated gullible members of the public in furtherance of their common intention by offering them huge amount in return for money invested. The crux of the allegations is that such offer was made and the amounts were received on the basis of false representations which were calculated only to defraud and deceive such members of the public. 2. The crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner submits that the petitioner is innocent. Even going by the allegations he is only an employee of the firm which conducted the financial transactions. The co-accused, who allegedly has a more prominent role in the commission of the offence, was enlarged on bail on the date of surrender itself. In these circumstances, the petitioner may be granted anticipatory bail, it is prayed. B.A.No.463 of 2008 2 4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are no circumstances warranting or justifying the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. The allegations do reveal that fraudulent false statements were made to induce the victim to part with money by all the accused persons in furtherance of their common intention. The petitioner may be directed to surrender and seek regular bail. 5. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I take note of the contention of the learned counsel for the petitioner that the co-accused have already been granted regular bail. The petitioner shall be at liberty to follow suit by surrendering before the learned Magistrate. He must thereafter seek regular bail. He will of course be entitled to argue before the learned Magistrate that the principal accused having more pronounced alleged role in the crime committed having already been enlarged on bail, his application for bail must also receive identical consideration. I need only say that the learned Magistrate must consider the application on merits, in accordance with law and expeditiously. B.A.No.463 of 2008 3 6. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) rtr/-