IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 Bail Appl..No. 7586 of 2008() ----------------------------- CMP.7768/2008 IN CRIME NO.281/08 OF KARAMANA POLICE STATION .................... PETITIONER : ACCUSED: ---------------------------- ROHITH JOHN @ RADHAKRISHNAN, S/O.RAJENDRAN, 34 YEARS, GRA-526, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (THROUGH SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION, THIRUVANANTHAPURAM). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7586 of 2008 --------------------------------------------- Dated this the 16th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 420 IPC. According to prosecution, petitioner made false representation to defacto complainant and induced him to part with Rs.16 lakhs for obtaining an admission for defacto complainant's son in St. John's Medical College at Bangalore. The son was made to write the examination also. But, subsequently, seat was not obtained and petitioner returned only Rs.7 lakhs and the balance amount of Rs.9 lakhs were misappropriated by him and hence, this complaint. 3. Learned counsel for petitioner submitted that this is an absolutely false case. Petitioner and defacto complainant were friends. Petitioner advanced Rs.9 lakh to the defacto complainant and he failed to return the money to him and hence, a lawyer notice was caused to be issued. Thereafter, complaints are filed making false allegations against petitioner. Petitioner was arrested on 18.11.2008 and he is in custody since then. It is unbelievable that petitioner would make the alleged false representations since, it is not possible to cheat the defacto BA No.7586/2008 2 complainant who himself is a doctor, who is running a hospital, and who is aware that no capitation fee is accepted at St. John's Medical College. 4. This petition is not opposed and on hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions. Hence, bail is granted on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Sunday between 10 a.m. to 1 p.m. until further orders and co-operate with investigation. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of these conditions, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl