RADHAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for anticipatory bail under Section 438 of Cr.P.C.

(2.) The prosecution case, in brief, is that the applicant in furtherance of common intention with accused 2 to 6 hatched a conspiracy to cheat the de facto complainant and others and induced them to pay a sum of Rs.5000/- towards each installment of a chitty having 60 installments by forming a Nidhi known as Vedavyasa Vidyalaya Vikasana Nidhi. It is submitted that the applicant was also a member of the committee constituted for the upliftment of the school Vedavyasa Vidyalaya and that several construction activities were undertaken by the said committee and it is for raising funds for the developmental activities that this Nidhi was constituted. However, on completion of the term of the Nidhi, the amounts were not returned to the de facto complainants as promised by the applicant and other accused. A total of Rs.17,39,000 has been thus misappropriated by the applicant and other co-accused.

(3.) The applicant states that he was the president of the Viskasana Samithi, which was overlooking the construction work of the buildings of the Vidyalaya. It was the Secretary and the Treasurer, the accused 2 and 3, who were entrusted with the collection of the amounts for the chitty, run by the Nidhi. The school management had nothing to do with the conducting of the chitty. However, the only intention behind the conducting of the nidhi which is alleged to be in violation of the Chitties Act, was to raise funds for the school and its upliftment. The entire amount collected was spent for the construction of buildings, purchase of vehicles etc. for the school. The committee was under the impression that the amounts could be returned soon after admission of students in the school. However, the number of students who joined the school were not as expected, and only 70 students joined the school and finances did not come upto the expectation of the committee, and therefore, they were not able to pay the money due to the contributors. They do not have any intention to cheat them, and nothing has been misappropriated. The entire amount collected has been spent for the purpose of school and for the benefit of the students. The applicant has no criminal antecedents. He is a person suffering from liver disease as evidenced by Annexure 7 medical report and therefore, he prays that he may be released on anticipatory bail. Accused 3 and 4 have already been released on anticipatory bail. He is willing to co-operate with the investigation and he is ready to abide by any conditions that may be imposed.