IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 1365 of 2010() ----------------------------- CRIME NO.34/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION .................... PETITIONER(S): ACCUSED NO.4: --------------------------------- RIJU VARGHESE, S/O.VARGHESE DANIEL, RIJU BHAVAN, KAIPATTOOR P.O., PATHANAMTHITTA. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1365 of 2010 --------------------------------------------- Dated this the 24th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.34 of 2010 of Pariyaram Medical College Police Station. 2. The offence alleged against the accused is under Section 420 read with Section 34 of the Indian Penal Code. 3. One P.P.Nizar, O.V.Road, Thalassery filed a petition before the Director General of Police, Thiruvananthapuram, which was forwarded to the District Superintendent of Police, Kannur and later, forwarded to the Pariyaram Medical College Police Station, where, it was registered as Crime No.34 of 2010. The gist of the allegations made by the de facto complainant P.P.Nizar is the following: P.P.Nizar is working abroad. He met accused No.1 Sudhikanth, son of “INTUC Raghavan”. While talking, Nizar told Sudhikanth about the necessity of getting admission for MBBS to his daughter. Sudhikanth stated that he BA No.1365/2010 2 would arrange a seat for MBBS. He introduced the second accused, Santhosh Kumar, to Nizar. Sudhikanth and Santhosh Kumar told him that a seat could be secured on payment of Rs.39 lakhs. As directed by them, Nizar took a Demand Draft for Rs.8 lakhs, payable to the Principal of Pariyaram Medical College. Later, Sudhikanth told him that a Demand Draft would not be received and that only cash would be accepted. Accordingly, the Demand Draft was cancelled. They went to the Medical College, Pariyaram. Nizar was made to believe that the children of two ministers would come to the College and they would make arrangements for securing the seat. While in the college, Nizar, his daughter, Santhosh Kumar and Sudhikanth, met accused No.3 Arun Kumar, accused No.4 Reeju Varghese (native of Pathanamthitta) and accused No.5 Ratheesh. As the first instalment, an amount of Rs.4.5 lakhs was paid to Sudhikanth, who entrusted the amount to Santhosh Kumar and Santhosh Kumar paid the amount to Arun Kumar, Reeju Varghese and Ratheesh. Nizar and his daughter were assured that the seat would be made available within four days and confirmation letter would be sent to them. After two days, Sudhikanth and BA No.1365/2010 3 Santhosh Kumar demanded Rs.5 lakhs more and Nizar was directed to pay the amount at Ernakulam. Believing the words of accused Nos.1 and 2, Nizar went along with the first accused Sudhikanth to Ernakulam. They met accused No. 6 Saji Padmanabhan and Reeju Varghese at the office of Reliance Life Insurance. Saji Padmanabhan is the Manager and Reeju Varghese is the staff of Reliance Life Insurance. Saji Padmanabhan and Reeju Varghese stated that one Latheef, who was a polit bureau member from Andhra Pradesh, would be making arrangements for securing the seat. 4. As assured, the seat for MBBS was not secured even after three months. Nizar demanded to repay the amount paid by him. He contacted several political leaders including the Secretary of CPI(M), Kannur District, who contacted the District Secretary of CPI(M) at Pathanamthitta. Arun Kumar stated that he was responsible to repay only Rs.4.5 lakhs and he executed an agreement for repayment of the same. Santhosh Kumar and Ashraf were the witnesses to the agreement. Arun Kumar stated that the liability to repay Rs.5 lakhs was on Reeju Varghese, Sudhikanth, Saji Padmanabhan and Ratheesh. All the efforts BA No.1365/2010 4 made by Nizar to get back the amount failed and, therefore, he filed the petition before the Director General of Police. 5. Accused Nos.1 and 2 had filed Bail Application Nos.790 of 2010 and 926 of 2010 seeking for anticipatory bail under Section 438 of the Code of Criminal Procedure. Those applications were dismissed by the order dated 1st March, 2010. 6. The learned Public Prosecutor vehemently opposed the Bail Application. It is submitted that there is a racket who cheat people making them believe that seats for MBBS and other professional courses could be secured on payment of huge amounts. Custodial interrogation of the petitioner is required. It would appear that persons having political support are involved in the case. If anticipatory bail is granted, it would adversely affect the proper investigation of the case. 7. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. Custodial interrogation of the petitioner may be required during investigation. If anticipatory bail is granted to the petitioner, it BA No.1365/2010 5 would be detrimental to the effective investigation of the case. The offence alleged against the petitioner is very grave in nature. It is also likely that the petitioner may tamper with evidence and intimidate or influence the witnesses. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl