High Court Kerala High Court

T.Santhosh Kumar vs Sub Inspector Of Police on 21 April, 2009

Kerala High Court
T.Santhosh Kumar vs Sub Inspector Of Police on 21 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2155 of 2009()


1. T.SANTHOSH KUMAR,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.S.PRASANTH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :21/04/2009

 O R D E R
                    V.K.MOHANAN, J.
                --------------------------------
          Bail Application No.2155 of 2009
                --------------------------------
        Dated this the 21st day of April, 2009


                         O R D E R

In this Petition filed under Sec. 438 Cr.P.C., the

petitioner, who is the accused in Crime No.8/2009 of

Thrikkodithanam Police Station for offence punishable

under secs.420 read with 34 of I.P.C., seeks anticipatory

bail. According to prosecution, the petitioner collected

certain amount from the defacto complainant and did

not repay the same and thereby cheated her.

2. The learned Public Prosecutor opposed the

application.

3. Anticipatory bail cannot be granted in a case

involving such grave offence. It is too early to accept

the petitioner’s contention that the petitioner has been

falsely implicated. There is no reason why the petitioner

should not surrender before the magistrate concerned

and seek regular bail. Accordingly, If the petitioner

surrenders before the Magistrate concerned within two

B.A.No.2155 of 2009
:-2-:

weeks from today and files an application for regular

bail, the same shall be considered and disposed of

preferably on the same day on which it is filed.

With the above observation, this Application is

disposed of.

V.K.MOHANAN, JUDGE

pac