REMA A Vs. S I OF POLICE

JUDGEMENT

(1.) THIS is an application for anticipatory bail under section 438 of the code of criminal procedure. The petitioners are accused Nos. 1 and 2 in Crime no. 348/2008 of Nedumkandam 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 CD file and pursued the Annexures produced along with the Bail Application. In view of the peculiar facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal procedure. The matter requires investigation and it is necessary to collect evidence at this stage. It cannot be concluded that no case is made out against the petitioners under Section 420 of the Indian Penal Code.