IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6316 of 2008()
1. SHAMSUDHEEN, AGED 45 YEARS,
... Petitioner
Vs
1. STATE OF KERALA (REP.BY THE SUB
... Respondent
For Petitioner :SRI.K.A.JALEEL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/10/2008
O R D E R
K.HEMA, J.
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B.A. No.6316 OF 2008
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Dated this the 17th day of October, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 420 of I.P.C.
According to prosecution, Rs.81,000/- was collected from 5
persons, promising job as Manager and field workers in the
establishment run by the petitioner. They were appointed but no
salary was given. When salary was demanded, the establishment
was closed down and thereby they were cheated.
3. Learned counsel for the petitioner submitted that no
allegation of cheating is involved in this case. The petitioner’s
business was running at a loss because of the inefficiency of the
employees and because of this he could not pay the salary. But,
there is no intention to cheat the defacto complainant. It is also
submitted that the defacto complainant had caused destruction in
the petitioner’s business premises and a complaint was lodged
against the defacto complainant and another.
4. This petition is opposed. Learned Public Prosecutor
B.A.6316 of 2008
2
submitted that this is a case where huge amount was received,
with an intention to cheat and the business establishment was
closed down without even paying salary or return the amount
collected. It is not fit to grant anticipatory bail in an offence of
this nature, it is submitted.
On hearing both sides, considering the nature of allegations
made, I do not think it fit to grant anticipatory bail. The crime is
registered as early as on 28.03.2008 and the petitioner was not
available for arrest for the past seven months. Hence the
petitioner was evading arrest.
Hence the petitioner is directed to surrender
before the Investigating Officer within seven
days from today and co-operate with the
investigation.
With this direction, the petition is dismissed.
K.HEMA, JUDGE
pac