Jacob Thomas, vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 26, 2023

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Citation: sooperkanoon.com/1367256
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jun 26, 2023
Case Number: Bail Appl./4743/2023

Parties & Advocates

Appellant / Petitioner

Jacob Thomas,

Respondent

State of Kerala

Excerpt

.....for pre-arrest bail under section 438 of the code of criminal procedure 1973.2. petitioner is the 3rd accused in crime no.1204/2022 of pandalampolice station, pathanamthitta district. the offences alleged against the petitioner are under sections 406 and 420 r/w section 34 of the indian penal code, 1860.3. according to the prosecution, the accused had offered mbbsadmission, to the defacto complainant’s daughter, at the christian medical college, vellore for an amount of rs.90,00,000/- and after collecting the entire amount, failed to provide the admission or return the amount and thereby committed the offences alleged.4. sri.joseph t.john, the learned counsel, submitted that the entireprosecution allegations are false and that the incident as alleged had not occurred. it was further submitted that the petitioner is willing to abide by any conditions that may be imposed upon him.5. sri.noushad k.a., the learned public prosecutor, opposed theapplication and submitted that the allegations are serious and huge amounts have been collected by the petitioner, who is involved in other crimes as well and has been portraying himself as a priest and, therefore custodial interrogation is essential.6. on a perusal of the fir, it is noticed that petitioner along with theother accused had promised to arrange mbbs seat at cms, vellore for an amount of rs.90,00,000/- and after collecting the amount, failed to provide admission or return the amount. the allegations against the petitioner and the other accused are serious in nature and the truth of the allegations can be brought out only through custodial interrogation.7. considering the nature of allegations, i am of the view that this is not a fit case where the petitioner can be protected with a pre-arrest bail. hence, i dismiss this application. bechu kurian thomas judge amv/26/06/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 26TH DAY OF JUNE 2023 / 5TH ASHADHA, 1945 BAIL APPL. NO. 4743 OF 2023 PETITIONER/3RD ACCUSED IN CRIME NO.1204/2022 OF PANDALAM POLICE STATION : JACOB THOMAS, AGED 57 YEARS S/O THOMAS, RESIDING AT BUILDING NO. 15/183 MOOLACHAL THECKALAY, KANYAKUMARI DISTRICT, PIN - 691 523. BY ADV JOSEPH T.JOHN RESPONDENTS/STATE/COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682 031. 2 STATION HOUSE OFFICER PANDALAM POLICE STATION, PANDALAM, PATHANAMTHITTA DISTRICT - 689 501. PP SRI.NOUSHAD K.A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J ......….................................. B.A.No.4743 of 2023 ….................................. Dated this the 26th day of June, 2023

ORDER

This is an application for pre-arrest bail under Section 438 of the Code of Criminal Procedure 1973.

2. Petitioner is the 3rd accused in Crime No.1204/2022 of Pandalam

Police Station, Pathanamthitta District. The offences alleged against the petitioner are under Sections 406 and 420 r/w Section 34 of the Indian Penal Code, 1860.

3. According to the prosecution, the accused had offered MBBS

admission, to the defacto complainant’s daughter, at the Christian Medical College, Vellore for an amount of Rs.90,00,000/- and after collecting the entire amount, failed to provide the admission or return the amount and thereby committed the offences alleged.

4. Sri.Joseph T.John, the learned counsel, submitted that the entire

prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that the petitioner is willing to abide by any conditions that may be imposed upon him.

5. Sri.Noushad K.A., the learned Public Prosecutor, opposed the

application and submitted that the allegations are serious and huge amounts have been collected by the petitioner, who is involved in other crimes as well and has been portraying himself as a priest and, therefore custodial interrogation is essential.

6. On a perusal of the FIR, it is noticed that petitioner along with the

other accused had promised to arrange MBBS seat at CMS, Vellore for an amount of Rs.90,00,000/- and after collecting the amount, failed to provide admission or return the amount. The allegations against the petitioner and the other accused are serious in nature and the truth of the allegations can be brought out only through custodial interrogation.

7. Considering the nature of allegations, I am of the view that this is not a fit case where the petitioner can be protected with a pre-arrest bail. Hence, I dismiss this application. BECHU KURIAN THOMAS JUDGE AMV/26/06/2023

Same Court & Year Kerala Orders · 2023 Same Parties Jacob Thomas, vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas