IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7218 of 2008()
1. P.GANGADHARAN NAIR, S/O. K. MADHAVAN
... Petitioner
2. T. GANGADHARAN NAIR, S/O. GOVINDA KURUP,
Vs
1. THE S.I. OF POLICE,
... Respondent
2. STATE REP. BY PP,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :27/11/2008
O R D E R
K. HEMA, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
B.A. No. 7218 of 2008
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 27th day of November,2008
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 406, 420 read
with section 34 IPC. According to prosecution, petitioners are
President and Secretary of an Ex-Servicemen Welfare Co-
operative Society. They received huge amount as Fixed Deposit
from various persons by making some fraudulent representations
and they deceived them by issuing receipts in the name of Ex-
servicemen Charitable Society, which was not actually
functioning. They did not return the money and thereby, cheated
various persons and also committed misappropriation.
3. Learned counsel for petitioners submitted that
petitioners were not the President and Secretary during the
relevant time. The offences alleged will not be attracted,
particularly since the money was not entrusted with the
petitioners, it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that as per the allegations, the petitioners received
the amount and they have persuaded complainant to make
deposits. In the similar manner they have received various
BA 7218/08 -2-
deposits from various other persons also and many complaints
are received against petitioners. In the nature of allegations
made, it is not a fit case to grant anticipatory bail.
5. On hearing both sides, considering the nature of the
allegations made, I do not think it fit to grant anticipatory bail.
Petitioners’ will be required for interrogation for ascertaining the
matters which are within the exclusive knowledge regarding the
transaction. Hence I am not inclined to grant anticipatory bail.
Petitioners are directed to surrender before
the Investigating Officer without any delay and co-
operate with the investigation. Whether he surrenders
or not, police is at liberty to arrest him and proceed in
accordance with law.
With this direction, this petition is dismissed.
K.HEMA, JUDGE.
mn.