(1.) This is an application filed under Section 438 of the Code of Criminal Procedure for anticipatory bail.
(2.) The petitioners are the accused in Crime No.352 of 2005 of Valiyathura Police Station, registered under Sections 406, 420 and 506(1) read with Section 34 of Indian Penal Code. The allegation against the petitioners is that they collected an amount of Rupees Nine Lakhs from four persons promising them a Job Visa to Rome. It is alleged that those persons were sent to Paris. From Paris they went to Rome on their own. According to the prosecution, they were not provided with any help at Rome. Finally they approached a charitable organisation and came back to India.
(3.) After hearing both sides and perusing the Case Diary, I am of the view that it is not just and proper to grant the relief of pre-arrest bail in a case of this nature.