IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1942 of 2010() --------------------------------------- CRIME NO.62/2010 OF MALA POLICE STATION, THRISSUR. PETITIONER/ACCUSED NO.3: --------------------------------------------- GIRISH, S/O.SANKUNNI MENON, SREENILAYAM, POST PACHATTIRI, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.A.JAYASANKAR RESPONDENT/COMPLAINANT: ------------------------------------------------ THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. I.V. PRAMOD, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1942 of 2010 ------------------------------------ Dated this the 30th day of March, 2010 O R D E R Gireesh, accused No.3 in Crime No.62 of 2010 of Mala Police Station, Thrissur District is the petitioner in this application for bail filed under Section 439 of the Code of Criminal Procedure. 2. The offence alleged against the petitioner is under Section 420 read with Section 34 of the Indian Penal Code. The petitioner was arrested on 3.2.2010 and he was remanded to judicial custody. 3. The de facto complainant, Shine Sebi, Chalakudy, filed a petition before the Superintendent of Police, Thrissur, which was forwarded on 15.1.2010 to the Circle Inspector of Mala for enquiry. The Circle Inspector of Police, Mala Police Station forwarded it to the Sub Inspector of Police, Mala Police Station, who registered the crime as Crime No.62 of 2010 of Mala Police Station. 4. The case of the de facto complainant, Shine Sebi, is that she was assured by accused No.2 Famous Noushad, accused No.5 Sunitha Noushad, accused No.3 Gireesh (petitioner) and B.A. No.1942 /2010 2 accused No.4 Haris that they would arrange a seat for MBBS in Amala Medical College, Thrissur for Milan Maria, the daughter of the de facto complainant, and received Rs.14 lakhs. Famous Noushad is running a concern under the name and style “Futures Educational Consultancy” at Mala. Accused No.1 Noushad is the father of accused No.2. On receiving the amount as aforesaid, a receipt for Rs.4,71,100/- was given to the de facto complainant as if the receipt was issued on 10-11-2009 by Amala Medical College and Research Institute. The de facto complainant was told that the balance amount was the bribe required for getting the seat and therefore, no receipt would be issued in respect of payment of that amount. The receipt for Rs.4,71,100/- was given at the premises of Amala Medical College. The de facto complainant and her daughter were taken to the Medical College on several occasions. However, the de facto complainant or her daughter was not permitted to see the Principal or any responsible person in the College. Milan Maria was provided with books on Medical Physiology and Anatomy by the accused. A sum of Rs.34,000/- was collected towards hostel fee by the B.A. No.1942 /2010 3 accused from the de facto complainant. The de facto complainant was also made to deposit a sum of Rs.6,500/- in the account of one Noufal. Stating that a seat was alloted, identity card was also given by the accused to Milan Maria, wherein her roll number is printed as 61 and Batch No. is shown as I M.B.B.S. The accused persons told the de facto complainant that no interview was required. When the de facto complainant and her daughter went to the College for admission, they realised that the whole episode was a fraud and cheating committed by the accused persons. 5. The investigation revealed that Famous Noushad had gone to the house of the de facto complainant and gave his visiting card to her. She was being contacted over phone by Famous Noushad regularly. On 29.10.2009, the de facto complainant, her daughter and the father of the de facto complainant were taken to Chennai by accused No.1 Noushad under the pretext of securing admission in a Medical College in Chennai. They returned as no admission could be secured. In November 2009, the de facto complainant was told that a seat B.A. No.1942 /2010 4 was available for MBBS in the Malabar Medical College. Accordingly, the de facto complainant and her daughter went to Kozhikode, as directed by Haris, accused No.4. Noushad, Famous Noushad and Sunitha Noushad accompanied them. The de facto complainant was told that the medical college had not commenced functioning and they returned to Chalakudy. Later, the de facto complainant was assured by the accused that a seat would be provided in Amala Medical College, Thrissur. 6. The case diary file shows that Famous Noushad (accused No.2) runs a concern under the name and style “Futures Educational Consultancy”. “Enlighten your future with us” is the offer made in the visiting card of “Futures Educational Consultancy”. It is also stated therein that the concern provides assistance for admission to MBBS, Nursing, Engineering Courses and all other professional Courses in Bangalore, Tamil Nadu, Mangalore, Kerala and Andhra Pradesh. Admission guidance for higher studies in France, US, UK, Canada, Australia and other countries is also offered. It would appear that accused No. 4 Haris runs a concern under the name and style “Career B.A. No.1942 /2010 5 Educational Service” at Ponnani Road, Edapal. It is claimed in the visiting card that they provided guidance for MBBS, MD, BDS, MDS, BAMS, BHMS, Engineering (all branches), MBA, MCA, Aeronautic Engineering and other courses mentioned therein. Investigation has also revealed that the receipt that was allegedly issued by Amala Medical College and Research Institute and the identity card given to Milan Maria as if it was issued by Amala Institute of Medical Science, are not genuine documents. 7. The learned Public Prosecutor submitted that other accused persons were not arrested. 8. The petitioner filed B.A. No.818/2010 for bail. That application was dismissed by the order dated 1/03/2010. While dismissing the Bail Application, liberty was granted to the petitioner to move afresh for bail after three weeks. The period of three weeks is over. The investigation has, to some extent, progressed after the order dated 1/03/2010. The fact that the other accused persons could not be arrested, by itself is not a ground for denying bail to the accused, who was arrested. 9. Taking into account the facts and circumstances of the B.A. No.1942 /2010 6 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 10. The petitioner shall be released on bail on his executing bond for Rs.50,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Chalakudy subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Thursdays and Sundays for a period of two months and thereafter on Sundays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall surrender his Passport, if any, before the Judicial Magistrate of the First Class-I, Chalakudy within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No.1942 /2010 7 E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm