High Court Kerala High Court

Sudhikanth.K.V vs State on 1 March, 2010

Kerala High Court
Sudhikanth.K.V vs State on 1 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 790 of 2010()


1. SUDHIKANTH.K.V, S/O.LATE RAGHAVAN,
                      ...  Petitioner

                        Vs



1. STATE, REPRESENTED BY STATION HOUSE
                       ...       Respondent

                For Petitioner  :SRI.K.V.SOHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :01/03/2010

 O R D E R
                         K.T.SANKARAN, J.
            ------------------------------------------------------
                   B.A. NOS.790 & 926 OF 2010
            ------------------------------------------------------
             Dated this the 1st day of March, 2010


                               O R D E R

B.A.No.790 of 2010 is filed by accused No.1 and B.A.No.926

of 2010 is filed by accused No.2 in Crime No.34 of 2010 of

Pariyaram Medical College Police Station, Thalassery, under Section

438 of the Code of Criminal Procedure praying for pre-arrest bail.

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.

B.A. NOS.790 & 926 OF 2010

:: 2 ::

Sudhikanth stated that he 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 Santhosh Kumar demanded

Rs.5 lakhs more and Nizar was directed to pay the amount at

B.A. NOS.790 & 926 OF 2010

:: 3 ::

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 made by Nizar to get

back the amount failed and, therefore, he filed the petition before the

Director General of Police.

B.A. NOS.790 & 926 OF 2010

:: 4 ::

5. Sudhikanth says that he is a well known politician and son

of a well known political leader. It is stated that Sudhikanth proposes

to contest in the Municipal election and that the case was foisted

against him by his political rivals. Attempt of his rivals is to tarnish

his image. The Co-operative Medical College, Pariyaram is under

the control of the party men of the Marxist party. The de facto

complainant was a worker of Marxist party. Sudhikanth has no

connection with the management of Pariyaram Medical College. It is

submitted that Sudhikanth is prepared to co-operate with the

investigation and that no custodial interrogation is necessary. Since

the petitioner is a well known politician, there is no chance of his

absconding or fleeing from justice.

6. Santhosh Kumar also submits that the case was foisted

against him and that he has no connection with the offence. The

other contentions raised by Sudhikanth were also raised by

Santhosh Kumar.

7. In B.A.No.790 of 2010, the de facto complainant filed an

application praying to implead him as additional respondent and to

B.A. NOS.790 & 926 OF 2010

:: 5 ::

hear him in the Bail Application. The learned counsel appearing for

the de facto complainant was also heard. He submitted that

Sudhikanth has no political image. He was expelled from the

political party. He contested in the local body elections as a rebel

candidate. It is also submitted that Sudhikanth is involved in a

forgery case. The de facto complainant submits that his daughter is

mentally upset due to the incidents which took place.

8. The learned Public Prosecutor vehemently opposed the

applications. 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 petitioners 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.

9. Taking into account the facts and circumstances of the

case, the nature and gravity of the offence and the allegations

levelled against the petitioners, I do not think that this is a fit case

where anticipatory bail can be granted to the petitioners. Custodial

B.A. NOS.790 & 926 OF 2010

:: 6 ::

interrogation of the petitioners may be required during investigation.

If anticipatory bail is granted to the petitioners, it would be

detrimental to the effective investigation of the case. The offence

alleged against the petitioners is very grave in nature. It is also likely

that the petitioners may tamper with evidence and intimidate or

influence the witnesses.

For the aforesaid reasons, the Bail Applications are dismissed.

(K.T.SANKARAN)
Judge
ahz/