IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Bail Appl..No. 6590 of 2008() ------------------------------------ CRIME NO.641/08 OF TRICHUR EAST POLICE STATION PETITIONER : ---------------- FR.ALIAS K.VARKEY S/O.K.C.VARKEY 55 YEARS PRIEST,KEERIMULAYIL HOUSE, PEECHI PO. PEECHI VILLAGE, THRISSUR-680 653. BY ADV. SRI.V.B.HARI NARAYANAN SMT.M.J.RAJASREE RESPONDENTS : ------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. SUB INSPECTOR OF POLICE, TRICHUR EAST STATION TRICHUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISISON ON 28/10/2008 ALONG WITH BA 6593 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------ B.A. Nos.6590 & 6593 OF 2008 ------------------------------------ Dated this the 28th day of October, 2008 O R D E R These petitions are for anticipatory bail. 2. The petitioner in B.A.No.6590 of 2008 is the first accused and B.A.No.6593 of 2008 is the second accused. According to prosecution, the petitioners herein, in furtherance of common intention, cheated the defacto complainant and 5 others by receiving Rs.4,60,000/- each from them, promising admission to nursing course and also, job thereafter. But the job was not arranged. They did not get the admission to the course opted by them and as promised and thereby they were cheated. 3. Learned counsel for the petitioners submitted that first accused is the chairman of Eden International Academy, which is an institute providing educational services and which is run by a charitable trust. The second accused is the administrator, who is an employee of the trust. They were authorized by an International Medical College at Georgia to recruit students for various nursing courses including a twelve month nursing training B.A.6590 & 6593 of 2008 2 programme. 4. They were recruiting students for the programme and the defacto complainant and others also applied for the same. Towards tuition fee etc., amounts were also received from them and those were sent to the college. They were admitted in the college, but they made a request to the college to terminate them, since they have an employment contract. They were accordingly terminated from the course with effect from August 23, 2008 at their request and for the reason stated by them. The copy of the letter issued by the medical college is Annexure A6. The allegations to the contrary are false, it is submitted. Other documents are also produced to prove the bonafide of petitioners. The petitioners are prepared to co-operate with the investigation and abide by any condition as imposed, it is submitted. 5. Learned Public Prosecutor submitted that the petitioners may be directed to surrender before the Investigating Officer and co-operate with the investigation and subject to that, there is no objection in granting anticipatory bail. B.A.6590 & 6593 of 2008 3 Hence the following order is passed : The petitioners shall surrender before the Investigating Officer within seven days from today and co-operate with the investigation and make themselves available for interrogation. In the event of their arrest, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on the following conditions: i. Petitioners shall report before the Investigating Officer as and when directed. ii. Petitioners shall co-operate with the investigation. iii. Petitioners shall not commit any offence while on bail. The petitions are allowed. K.HEMA, JUDGE pac