IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 Crl.MC.No. 1156 of 2011() ------------------------------ (CRL.MC.2593/2004 CRIME NO.202/2004 OF PALARIVATTOM POLICE STATION) ......... PETITIONER(S):ACCUSED 1 & 2 ------------------------------------- 1. K.M.THOMAS, AGED 50 YEARS, S/O.K.T.MATHEW, MANAGING DIRECTOR, CARE & CONCERN AGENCIES AND SERVICES PVT. LTD., PIPELINE ROAD, PALARIVATTOM, KOCHI-25, NOW RESIDING AT 11/271, GANDHI NAGAR, GANGANA HALLY, THAREEKKARA TALUK, CHICMAGALORE, KARNATAKA STATE. 2. JANIZ THOMAS, AGED 42 YEARS, W/O.K.M.THOMAS, CARE & CONCERN AGENCIES AND SERVICES PVT. LTD., PIPELINE ROAD, PALARIVATTOM, KOCHI-25, NOW RESIDING AT 11/271, GANDHI NAGAR, GANGANA HALLY, THAREEKKARA TALUK, CHICMAGALORE, KARNATAKA STATE. BY ADVS. SRI.ABRAHAM P.GEORGE SMT.M.SANTHY RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. KARMILI, W/O.CHANDY, MULANGARAVELI HOUSE, VARANAM, THANNEERMUKKAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2011, ALONG WITH CRMC NO. 1162 OF 2011 CRMC NO.1163 OF 2011 CRMC NO. 1164 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.1156 of 2011, 1162 of 2011, 1163 of 2011 and 1164 of 2011 -------------------------------------- Dated this the 8th day of April, 2011. ORDER Petitioners in Crl.M.C.Nos.1156 of 2011, 1162 of 2011 and 1163 of 2011 are accused1 and 2 in Crime Nos.202 of 2004, 36 of 2005 and 233 of 2004 respectively, of Palarivattom Police Station. Crime Nos.202 of 2004 and 36 of 2005 registered for offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code (for short, “the IPC”) are under investigation while in Crime No.233 of 2004 the Police have submitted final report and the case is pending before learned Judicial First Class Magistrate-I, Ernakulam as C.C.No.3176 of 2005. Petitioner in Crl.M.C.No.1164 of 2011 is accused No.1 in Crime No.380 of 2005 of Palarivattom Police Station and C.C.No.458 of 2007, also for offences punishable under Sections 406 and 420 read with Section 420 of the IPC. The case against petitioners is that they collected money for arranging admission for students in certain educational institutions for nursing at Bangalore, as against the representations made by petitioners admissions were not arranged in recognized institutions, petitioners failed to arrange bank loans as promised and thereby committed breach of trust and cheated the defacto complainants in the respective cases. Prayer of petitioners is to quash proceeding against them in the cases referred to above. Learned counsel Crl.MC Nos.1156,1162, 1163 & 1164/2011 2 contended that it is incorrect to say that the institutions were not having recognition and that there was any promise to arrange bank loans. At any rate it was not due to omission on the part of petitioners that the students concerned did not get bank loan. I have heard learned Public Prosecutor also. 2. So far as Crime No.202 of 2004 and 36 of 2005 are concerned, the matter is under investigation and there is no reason why this Court should interfere at this stage. 3. So far as C.C.No.3176 of 2005 and 458 of 2007 are concerned, if petitioners have a contention that materials produced are not sufficient to frame charge against them it is open to them to plead for discharge as provided under law. 4. Having regard to the facts and circumstances of the case I do not find it necessary to interfere with these cases invoking the supervisory power under Section 482 of the Code. 5. It is submitted by learned counsel that in all the cases referred above, non-bailable warrants have been issued to the petitioners. Petitioners are prepared to surrender before the learned Magistrate in the respective cases and seek regular bail. Crl.MC Nos.1156,1162, 1163 & 1164/2011 3 6. Having regard to the circumstances stated I am inclined to grant time to the petitioners to do so. Resultantly these Criminal Miscellaneous Cases are disposed of in the following lines: i. Petitioners are permitted to take appropriate plea for discharge/ defence before the learned Magistrate where the cases are pending and where final reports may be filed in respect of cases which are under investigation. ii. Petitioners are granted time till 30.04.2011 to appear before the learned Magistrate and seek regular bail/re-call coercive steps against them. iii. Warrant of arrest and other coercive steps issued against petitioners in the above cases will stand in abeyance until 30.04.2011 or till petitioners appear before learned Magistrate whichever is earlier. iv. If any application for bail/re-call of warrant are filed, learned Magistrate shall consider the same having regard to all relevant circumstances and pass appropriate orders as expeditiously as possible. Crl.MC Nos.1156,1162, 1163 & 1164/2011 4 v. I make it clear that it is open to the petitioners to give copy of such applications in advance of their appearance before court to the Law Officer in charge of the respective cases. THOMAS P.JOSEPH, Judge. cks