IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3240 of 2008()
1. ARUN R.CHANDRAN, AGED 28 YEARS,
... Petitioner
2. AMAL R.CHANDRAN, AGED 22,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE, KARAMANA,
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :05/06/2008
O R D E R
K.HEMA, J.
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B.A.No. 3240 of 2008
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Dated this the 5th day of June, 2008
O R D E R
This petition is for anticipatory bail.
2. A complaint is lodged against the petitioner alleging
offences under Sections 406 and 420 of Indian Penal Code.
According to prosecution, petitioners are running an educational
institute and they cheated various students and procured money
from them by making false representation. They were made to
believe that there is affiliation from the Punjab Technical University
for the courses offered by them, but the students later came to
know that there is no such affiliation and they demand the money
back. But the institute is closed now.
3. Learned Public Prosecutor submitted that another crime
was registered against the first petitioner as Crime No.384 of 2007
on the allegations of similar nature. Anticipatory bail was also
granted to him. But same allegations are now available against the
petitioner and hence this petition is opposed.
4. Learned counsel for petitioner submitted that Annexure-I
will reveal that there is affiliation from the Punjab Technical
BA.3240/08 2
University. It is true that money is received from the students and
those are not returned because it is not refundable as per the
prospectus. The crime was registered in another background.
According to him, three students and a teacher were suspended,
since they had gone for a picnic without permission of the institute
and there were some complaints from some parents. After
suspension, those students demanded money back and as
persuaded by the parents of those students and the teacher, all 27
students of Fashion Technology Course also demanded to return
money. Since lot of money was already invested for the purpose of
running the institute, it was not possible for the petitioners to give
back the money. Hence they closed down the institute. Petitioners
are innocent of the allegations made and hence they seek
anticipatory bail.
On hearing both sides, I find that it is not a fit case to grant
anticipatory bail in an offence of this nature. Hence, this petition is
dismissed.
K.HEMA, JUDGE
vgs.