IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Bail Appl..No. 3240 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7079/2007 CRIME NUMBER NOT KNOWN OF KARAMANA POLICE STATION PETITIONER/ACCUSED ----------------------------------- 1. ARUN R.CHANDRAN, AGED 28 YEARS, S/O.LATE RAMACHANDRAN NAIR, GOURI SANKAR, T.C.17/1025, POOJAPPURA, THIRUVANANTHAPURAM. 2. AMAL R.CHANDRAN, AGED 22, S/O.LATE RAMACHANDRAN NAIR, GOURI SANKAR, T.C.17/1025, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, THAMPANNOOR. 3. THE SUB INSPECTOR OF POLICE, KARAMANA, POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3240 of 2008 ----------------------------------------- Dated this the 5th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. A complaint is lodged against the petitioner alleging offences under Sections 406 and 420 of Indian Penal Code. According to prosecution, petitioners are running an educational institute and they cheated various students and procured money from them by making false representation. They were made to believe that there is affiliation from the Punjab Technical University for the courses offered by them, but the students later came to know that there is no such affiliation and they demand the money back. But the institute is closed now. 3. Learned Public Prosecutor submitted that another crime was registered against the first petitioner as Crime No.384 of 2007 on the allegations of similar nature. Anticipatory bail was also granted to him. But same allegations are now available against the petitioner and hence this petition is opposed. 4. Learned counsel for petitioner submitted that Annexure-I will reveal that there is affiliation from the Punjab Technical BA.3240/08 2 University. It is true that money is received from the students and those are not returned because it is not refundable as per the prospectus. The crime was registered in another background. According to him, three students and a teacher were suspended, since they had gone for a picnic without permission of the institute and there were some complaints from some parents. After suspension, those students demanded money back and as persuaded by the parents of those students and the teacher, all 27 students of Fashion Technology Course also demanded to return money. Since lot of money was already invested for the purpose of running the institute, it was not possible for the petitioners to give back the money. Hence they closed down the institute. Petitioners are innocent of the allegations made and hence they seek anticipatory bail. On hearing both sides, I find that it is not a fit case to grant anticipatory bail in an offence of this nature. Hence, this petition is dismissed. K.HEMA, JUDGE vgs.