DHANASREE SERVICE SOCIETY Vs. STATE OF KERALA

JUDGEMENT

(1.) By Annexure-B order, Sub Judge, Thrissur granted anticipatory bail to 11 accused involved in Crime No. 656/2009 of Cherpu Police Station, registered for the offences under Sections 294(a) and 420 read with Section 34 of Indian Penal Code and Sections 4, 5 and 6 of Prize Chits and Money Circulation Scheme (Banning) Act, 1978.

(2.) In paragraph 5 of Annexure-B order, learned Sessions Judge observed that in this case there is no allegation that any of the subscribers has to pay something more or has to forego something from his subscription in order to avail any benefit offered as prize and in the particular case, at the most, the Foreman is giving a concession from the Foreman's Commission for which the Foreman is not availing or obtaining anything more from the subscribers than the normal Foreman's Commission. Based on these observations, it was found that there is absolutely nothing to show that the present transaction would come within the purview of the Act. In paragraph 6 of the order, it was also found that there is absolutely nothing to show that the Foreman in this case is realising more amounts than what is allowed as Foreman's Commission. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said observations contending that they are uncalled observations at the preliminary stage of investigation and that too in a petition under Section 438 of Code of Criminal Procedure.

(3.) Learned counsel appearing for the petitioners and learned Public Prosecutor were heard.