Anu Samuel vs State Of Kerala

A. Badharudeen, J

Second regular bail plea at the instance of the 4th accused in Crime No.83/2023 of Koraty Police Station, Thrissur, is the crux of this petition filed under Section 439 of the Code of Criminal Procedure. The previous bail application filed by the petitioner was dismissed as per order dated 06.03.2023 in B.A.No.1379/2023, highlighting premature stature of the investigation.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant records.

The prosecution case is that the accused herein offered admission to the son of the defacto complainant for M.B.B.S Course at CMC, Velloor Christian Medical College in staff quota and thereby collected Rs.1,10,000/-, Rs.73,00,000/- and cheque for Rs.85 lakh in between 04.04.2022 to 07.04.2022. Thereafter they miserably failed to give admission as offered or to return the money. Accordingly, the prosecution alleged offences punishable under Sections 406, 420 r/w 34 of the Indian Penal Code against the petitioner.

The learned counsel for the petitioner, who pressed for bail to the 4th accused, would submit that the 4th accused received only Rs.10 lakh and the remaining amount was received by the other accused. It is submitted further that the petitioner is innocent and he has been in custody from 23.12.2022 onwards (after he was arrested in the first crime). While so, his arrest, was recorded in this case on 11.02.2023, and has been continuing in custody in this crime also. Highlighting the progress of the investigation, the learned counsel pressed for regular bail.

Whereas the learned Public Prosecutor strongly opposed bail and submitted that the petitioner is a person, who introduced the other accused and thereby the defacto complainant had given huge amount for getting admission to M.B.B.S Course to his son. Whereas the entire money was misappropriated without providing the admission as offered. It is pointed out further that the petitioner has involvement in 3 more crimes vide Crime No.14/2023 of Thrissur West Police Station ; Crime No.3570/2022 of Pala Police Station and Crime No.1204/2022 of Panthalam Police Station, where also the allegations are as to commission of offences punishable under Sections 406, 420 r/w 34 of the Indian Penal Code. It is submitted that in this matter, receipt of the amount of Rs.10 lakh by the accused through his account and receipt of money by the accused together by other modes including by way of cheque is well established, prima facie. In such a case the petitioner, whose arrest was recorded in this crime on 11.02.2023 cannot be considered at this stage as the same would hamper the investigation.

On perusal of the prosecution records, the prosecution case is well made out and it is discernible that the petitioner herein received Rs.10 lakh directly through his account and he had an active role in the matter of collection of this huge sum by the accused jointly, with offer to provide M.B.B.S admission. Though the accused has been in custody in connection with similar crime, his arrest in this crime was recorded only on 11.02.2023.

However, taking note of the substantive improvement of the investigation and the custody of the petitioner from 11.02.2023 onwards, the petitioner can be enlarged on bail on conditions.

Accordingly, the petition stands allowed and the petitioner can 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 their 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 alone shall be a reason to cancel the bail hereby granted.