BROOSH S.PUTHIYEDAM Vs. MUSAIF SHAN MUHAMMAD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from a judgment and order of a single Judge of the High Court of Kerala dtd. 11/2/2020 in Cri MC 325 of 2020 (A). The proceedings before the High Court arose out of Case Crime No.488 of 2017 registered at Chalakkudy Police Station. The allegation in the FIR, which was registered at the behest of the appellant, who is a medical doctor, is that the first respondent had represented that he would be in a position to get a seat in the MD Course for the appellant at Kempegowda Institute of Medical Sciences, Bengaluru. An amount of Rs.2.05 crores is alleged to have been paid for securing admission out of which an amount of Rs.48.50 lakhs is stated to have been paid through regular banking channels. Despite the payment of the amount, the appellant has alleged that she could not secure admission.

(3.) The first respondent initially applied for bail in BA No.3543 of 2017 which was declined by an order dtd. 7/6/2017. Thereafter, bail application, BA No.4287 of 2017 was moved before the High Court in which the single Judge enlarged the first respondent on bail, subject to the following conditions: