BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Fifteen applications for anticipatory bail have been filed by the petitioner, who is the first accused in fifteen crimes, registered by the Vadakkekad Police Station, alleging offences under sections 417 and 420 read with 34 of the Indian Penal Code. In most of the cases, the wife of the petitioner is also one of the accused persons, while in certain other cases, the Headmaster of the school managed by the petitioner is an accused.

(2.) The gist of the allegations levelled against the petitioner is the following : The petitioner is the Manager of Thiruvalayannoor High School, Vadakkekad in Chavakkad Taluk, Thrissur District. He made advertisements in leading Malayalam dailies stating that several vacancies of teachers exist in the school and invited applications from eligible candidates. The petitioner collected huge amounts from the respective de factocomplainants, ranging from Rs. 5 lakhs to Rs. 8 lakhs, on the assurance that they would be appointed as teachers. It is alleged that at the time when the advertisements were made and the promise was made after receiving huge amounts that the de facto complainants would be appointed as teachers, the petitioner very well knew that such vacancies did not exist in the schools. It is alleged in some of the complaints that the petitioner has defrauded about fifty persons in a similar manner and has collected crores of rupees.

(3.) In these bail applications, the petitioner had prayed for grant in anticipatory bail. He states that he is the Manager of eight schools at difference places. It is submitted by Sri Jijo Paul, learned Counsel appearing for the petitioner, that the de facto complainants have filed suits before the Civil Court for realisation of the amounts due to them. The learned Counsel contends that therefore there is no justification for initiating criminal action against the petitioner. At best, the learned Counsel contends, the liability of the petitioner is a civil liability. The learned Counsel also submitted that even if the allegations are taken as true, that would indicate that the defacto complainants are also guilty of certain offences. The further contention of the petitioner is that he is suffering from liver cirrhosis and he is under treatment of the Amrita Institute of Medical Sciences, Edappally. If he is arrested, there is every likelihood of he being harassed and humiliated, which, according to the learned Counsel, would aggravate the illness of the petitioner.