IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5110 of 2008()
1. GEORGEKUTTY, S/O.SKRIA,
... Petitioner
2. SABU, S/O.THOMAS, THUDIYAMKONATHU
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :14/08/2008
O R D E R
K. HEMA, J.
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B.A.No. 5110 of 2008
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Dated this the 14th day of August, 2008
O R D E R
Application for anticipatory bail.
2. The alleged offences are under sections 420 and 34 IPC.
According to the prosecution, petitioners were running a financial
institution and defacto-complainant deposited huge amount in the
institution. When he demanded withdrawal of the amount, the
petitioners cheated him, by not returning the amount. The petitioners
also closed down the institution.
3. Learned counsel for the petitioners submitted that no
cheating is involved in this case, but there is only a civil dispute.
Petitioners’ institution fell on loss and only because of it, the institution
was closed. The petitioners had no intention to cheat the defacto-
complainant.
4. This application is opposed. Learned Public Prosecutor
submitted that series of other crimes registered against the
petitioners on the basis of complaints made by others. The petitioners
are absconding for long time. All the records are in their possession
and they are required for custodial interrogation.
5. On hearing both sides, I am satisfied of the submissions
BA 5110/08 -2-
made by the learned Public Prosecutor. Granting of anticipatory bail in
an offence of this nature will not be proper.
The application is dismissed.
K. HEMA, JUDGE.
mn.