LAWS(KER)-2024-1-80

AFFIN THOMAS Vs. STATE OF KERALA

Decided On January 22, 2024
Affin Thomas Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These applications are filed under Sec. 439 of the Code of Criminal Procedure by the 1st accused in Crime Nos.2608/2023, 2688/2023 and 2689/2023, respectively, of the Kalamassery Police Station, Ernakulam, registered against him for allegedly committing the offences punishable under Ss. 406 and 420 r/w Sec. 34 of the Indian Penal Code. The petitioner's arrest was recorded on 17/12/2023.

(2.) The essence of the prosecution case in the above three crimes is that: the accused (three in number) with an intention to obtain unlawful gain from the informants received amounts as tuition fees for arranging free admission in a course named AUSBULDING IN NURSING in Germany through an establishment named ABRO- AID Immigration Service. Although the accused received the amounts from the informants, they failed to provide admission for the informants. Thus, the accused have committed the above offences.

(3.) Heard; Sri. S. Rajeev, the learned counsel appearing for the petitioner and Smt. Neema. T.V and Smt. Seetha. S, the learned Public Prosecutors appearing for the respondent.