K P ABDUL KHADER Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in Crime No.241 of 2009 of Bakel Police Station.

(2.) The offences alleged against the petitioners are under Sections 120B, 406, 468 and 471 read with Section 34 of the Indian Penal Code.

(3.) The gist of the prosecution case is the following: The Central Government provided financial assistance for modernization of Madrassa education under Centrally Sponsored Scheme. Under the Scheme, a Madrassa which provides classes for the students in Science, Mathematics and English by engaging qualified teachers would be eligible for reimbursement of the remuneration paid to the teachers at the rate of Rs.3,000/- per subject per month, subject to a total sum of Rs.72,000/- per year. The necessary funds would be disbursed by the Director of Public Instruction, Thiruvananthapuram, at the disposal of the Deputy Director of Education. The petitioners were respectively the General Secretary, President and Treasurer of E-Anathul Islam Higher Secondary Madrassa, Kalanad, Kasaragod. A sum of Rs.72,000/- was sanctioned to the said Madrassa as per the claim made by them and the amount was disbursed to the Madrassa. It was claimed by the Madrassa that H.Santhosh Kumar and T.Aneesh were taking classes in the Madrassa. In order to claim the amount, the attendance register, acquittance roll and other records were produced by the Madrassa.