IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5527 of 2011() ----------------------------- (CRIME NO.408 OF 2010 OF KURATHIKADU POLICE STATION) PETITIONER: -------------------- NISSAMUDEEN T.S., NIZAM MANZIL, CHUNAKKARA SOUTH, CHARUMOODU P.O., MAVELIKKARA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- SUB INSPECTOR OF POLICE, POLICE STATION KURATHIKADU, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.5527 OF 2011 --------------------------------- Dated this the 14th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the 1st accused in Crime No.408 of 2010 of the Kurathikadu Police Station. 2. The offence alleged against the petitioner is under Section 420 read with 34 of the Indian Penal Code. 3. The prosecution case is that the accused offered to secure a seat for medicine for the defacto complainant's daughter at Saraswathi Institute of Medical Science at Ghaziabad and received `13,00,000/-(Rupees Thirteen lakhs only) from the defacto complainant. The daughter of the defacto complainant did not get the seat. He demanded to repay the money. A sum of `5,00,000/- (Rupees Five lakhs only) was given and for the balance amount cheques were B.A. No.5527 OF 2011 2 issued by the first accused. It is alleged that subsequently, the first accused freezed his bank account and therefore, the cheques were not honoured. 4. The case of the petitioner as stated in the Bail Application is the following: “3. The petitioner as submitted earlier is an IT professional. He was conducting a professional courses guidance service also. The mother of one Miss.Selan.B.Raichel approached the petitioner for getting admission to M.B.B.S. course any where in India. The petitioner contacted his approved agents of various colleges and he offered her an admission at Saraswathi Institute of Medical Science at Ghaziabad for which the College authorities have fixed the fees at 30 Lakhs for the entire course of which Rs.15 lakhs was to be paid at the time of admission. The complainant has given the petitioner an amount of Rs.5 lakhs for booking the seat. The agreement with the college authorities was that the complainant will pay the balance of initial payment of Rs.15 lakhs viz.Rs.10 lakhs on or before 25.9.2010. But the defacto complainant B.A. No.5527 OF 2011 3 failed to pay that amount and as such the college authorities have given the seat to some body else and given back the advance amount received by them. In the meantime the Defacto complainant approached the petitioner and demanded that the petitioner should arrange education loan for the balance amount. The petitioner informed them his inability to arrange the loan. On 29.9.2010, the defacto complainant along with some of her relatives and demanded the amount paid as advance to the college forthwith. The petitioner informed them that he will repay the amount as and when he receives the same from the agent of the college. But they misbehaved with the petitioner and physically restrained the petitioner and obtained 4 signed cheque leaves for Rs.2 lakhs each. The petitioner was forced to issue them the cheques as they threatened to create a scene in the office of the petitioner at Charumoodu. When the petitioner protested pointing out that though the petitioner owe them only an amount of Rs.5 Lakhs, they have obtained cheque for an amount of Rs.8 Lakhs, they explained that they only want the amount paid by them back and the cheques are obtained only as a security and they will give back the cheques as when the petitioner repay Rs.5 lakhs. B.A. No.5527 OF 2011 4 4. The petitioner paid back the amount of Rs.5 lakhs to the defacto complainant on 3.10.2010 when the amount was returned to the petitioner by the agent of the college. When the petitioner demanded the cheques the Defacto complainant refused to give back the cheques. The petitioner immediately given stop memo to the bankers on 7.10.2010 and filed a private complaint on 11.10.2010 which was referred to the police by the JFMC-II, Mavelikkara and Nooranadu Police has registered a crime as Cr.No.684/2010 against the Defacto complainant under Sections 341, 406, 420, 426, 447 and 34 of I.P.C. Knowing about this case, the Defacto complainant has filed a complaint before the D.G.P on 26.10.2010 which was referred to the police station and the present crime was registered. The allegations made against the petitioner are totally false and the petitioner is innocent. The police is not taking any action against the Defacto complainant in the crime but the respondent is attempting to arrest the petitioner.” 5.The matter requires investigation. If anticipatory bail is granted to the petitioner, it would adversely affect the smooth B.A. No.5527 OF 2011 5 investigation of the case. The allegations are grave in nature. In a case of this nature, it is not proper to grant anticipatory bail. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms