IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3215 of 2009()
1. M.V.BABU, AGED 57 YEARS, S/O.VARGHESE,
... Petitioner
2. MOLY BABU, W/O.M.V.BABU,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SUB INSPECTOR OF POLICE, CHENGANNUR
For Petitioner :SRI.ESM.KABEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3215 OF 2009
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Dated this the 16th June, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of the
Code of Criminal Procedure. The petitioners are the accused persons in
Crime No.427 of 2009 of Chengannur Police Station.
2. The offence alleged against the petitioners is under Section
420 read with Section 34 of the Indian Penal Code.
3. I have gone through the case diary. The case of the de facto
complainant is that he is a person who has lost eye sight of both his eyes.
The first accused is a Pastor. The de facto complainant was made to
believe by the accused persons that he would get help from abroad.
Photographs of the de facto complainant and his wife were taken for that
purpose. Joyce, wife of the de facto complainant, worked as a servant in
the house of the first accused. At that time, a postal article, containing a
cheque for 3800 dollars, came in the address of Joyce, wife of the de
facto complainant. It is alleged that this cheque was taken by the second
accused, who is the wife of the first accused, and it was never returned.
The case of the de facto complainant that the financial help given to him
could not be enjoyed by him on account of the offence committed by the
petitioners.
B.A. NO. 3215 OF 2009
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4. Taking into account the facts and circumstances of the case,
the nature of the offence and other circumstances, I am not inclined to
pass an order under Section 438 of the Code of Criminal Procedure, in
favour of the petitioners.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/