Anu Samuel vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the 2nd accused in Crime No.14/23 of Thrissur West Police Station, where prosecution alleges commission of offences punishable under Sections 406 & 420 r/w 34 of the Indian Penal Code.

Heard. Perused the relevant records forming part of the case diary.

The prosecution allegation is that accused Nos.1 to 7 in this case offered admission for MBBS Course at CMC Velloor Medical College to the son of the defacto complainant and thereby collected Rs.50 lakh by the 1st accused on 4.4.2022; Rs.5 lakh by the 3rd accused, thereafter within 15 days Rs.10 lakh by accused 2 to 4 by way of account transfer. But the admission was not either arranged or the money was returned back. This is the premise on which the prosecution alleges commission of offences.

It is pointed out by the learned counsel for the petitioner/2nd accused in this crime that the major portion of the amount were received by the other accused and they miserably failed to give admission to the son of the defacto complainant under staff quota, as offered. Therefore, the complicity of the petitioner is less in this case and the petitioner, whose arrest was recorded in this crime on 20.01.23, is liable to be released on bail since he has been in custody starting from 23.12.2022 when he was arrested in Crime No.3570/2022 raising the same allegation.

It is submitted by the learned Public Prosecutor that in this case the complicity of the petitioner is on par with the other accused and there is specific allegation against the petitioner that he had received Rs.10 lakh directly in his account through the account of the defacto complainant. It is also pointed out that the petitioner has criminal antecedents and he had involved in Crime No.3570/2022 of Pala Police Station alleging commission of offences punishable under Sections406, 420 r/w 34 of IPC. Similarly, he is an accused in Crime No.1204/2022 of Panthalam Police Station, alleging commission of offences punishable under Sections 406, 420 r/w 34 of IPC. Since the petitioner's arrest was recorded in this crime only on 20.1.2023 and investigation is on the mid way, he may not be released on bail at this stage.

It is true that initially arrest in Crime No.3570/2022 was recorded on 23.12.2022, where also the allegation is one and the same. His arrest was recorded in this case on 20.1.2023 alone. Investigation regarding his involvement in this crime is going on. It is pointed out by the learned counsel for the petitioner that the petitioner was granted bail by this Court in the other 2 crimes as per Annexure B order.

On perusal of the case records, the complicity of the petitioner in the matter of cheating the defacto complainant along with other accused and commission of breach of trust thereby could be gathered prima facie. However, taking note of the custody of the petitioner from 20.01.2023 and the progress of the investigation, I am inclined to release him on bail in this crime, imposing stringent conditions and one among the conditions is that the petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

In the result, the petition stands allowed and the petitioner shall be released on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

v. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.