IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Bail Appl..No. 6787 of 2008() ----------------------------- CRIME NO.641/08 OF TRICHUR EAST POLICE STATION PETITIONER ------------------- VIJI VARGHESE S/O.VARGHESE, AGED 37 YEARS, KANICHAI HOUSE P.O .PALAYAM PARAMBU, MALA 680 741. BY ADV. SRI.V.B.HARI NARAYANAN SMT.M.J.RAJASREE RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE TRICHUR EAST STATION, TRICHUR. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6787 of 2008 ----------------------------------------- Dated this the 5th November, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioner, along with other accused, in furtherance of a common intention cheated the de facto 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 admission to the course opted by them and as promised and thereby they were cheated. 3. Learned counsel for petitioner submitted that petitioner is the third accused. He is the Vice-Chairman of the Eden International Academy, which is an institute providing educational services and which is run by a charitable trust. Second accused is the administrator, who is an employee of the trust. They were authorised by an International Medical College at Georgia to recruit students for various nursing courses including a twelve month nursing training programme. 4. They were recruiting students for the programme and the de facto complainant and others also applied for the same. Towards tuition fee etc., amounts were also received from them and those BA.6787/08 2 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 petitioner. The petitioner is prepared to co- operate with the investigation and abide by any condition is imposed, it is submitted. 5. Learned counsel for petitioner submitted that accused Nos. 1 and 2 were granted anticipatory bail by this Court as per order dated 28.10.2008 in B.A.Nos.6590 and 6593 of 2008. 6. Learned Public Prosecutor submitted that petitioner 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. Hence the following order passed: Petitioner shall surrender before the investigating officer within seven days from today and co-operate with the investigation and make himself available for interrogation. In the event of his arrest, he shall be BA.6787/08 3 released on bail on his executing a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i) Petitioner shall report before the investigating officer as and when directed. ii) Petitioner shall co-operate with the investigation. Iii) Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.