High Court Kerala High Court

Riju Varghese vs State Of Kerala Represented By The on 24 March, 2010

Kerala High Court
Riju Varghese vs State Of Kerala Represented By The on 24 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1365 of 2010()


1. RIJU VARGHESE, S/O.VARGHESE DANIEL,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.M.T.SURESHKUMAR

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :24/03/2010

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                       B.A.No.1365 of 2010
                  ---------------------------------------------
              Dated this the 24th day of March, 2010



                               O R D E R

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure. The petitioner is

accused No.4 in Crime No.34 of 2010 of Pariyaram Medical

College Police Station.

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. Sudhikanth stated that he

BA No.1365/2010 2

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

BA No.1365/2010 3

Santhosh Kumar demanded Rs.5 lakhs more and Nizar was

directed to pay the amount at 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

BA No.1365/2010 4

made by Nizar to get back the amount failed and, therefore, he

filed the petition before the Director General of Police.

5. Accused Nos.1 and 2 had filed Bail Application

Nos.790 of 2010 and 926 of 2010 seeking for anticipatory bail

under Section 438 of the Code of Criminal Procedure. Those

applications were dismissed by the order dated 1st March, 2010.

6. The learned Public Prosecutor vehemently opposed

the Bail Application. 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 petitioner 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.

7. Taking into account the facts and circumstances of the

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

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

case where anticipatory bail can be granted to the petitioner.

Custodial interrogation of the petitioner may be required during

investigation. If anticipatory bail is granted to the petitioner, it

BA No.1365/2010 5

would be detrimental to the effective investigation of the case.

The offence alleged against the petitioner is very grave in

nature. It is also likely that the petitioner may tamper with

evidence and intimidate or influence the witnesses.

For the aforesaid reasons, the Bail Application is dismissed.

K.T.SANKARAN,
JUDGE
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