ELUMALAI Vs. STATE

JUDGEMENT

(1.) There are two petitions in this petition. They are Accused 3 and 4 in Crime No.34 of 2014 on the file of the respondent police for alleged offences U/s.294(b), 420 and 506(ii) of IPC. They were arrested and remanded to judicial custody on 09.01.2014. They have come up with this petition seeking bail. So far as the 2nd petitioner is concerned, this court, by order dated 17.02.2014, granted bail. So far as the 1st petitioner is concerned, this petition was adjourned and that is how, it is listed today before me for hearing.

(2.) The case of the prosecution is that the de facto complainant in this case is one Sri.Murugan. According to him, two years before, he had gone to S.R.M. College at Chennai to make enquiry for the purpose of admission of his close relative's son in the said college. At that time, incidentally, he happened to meet the first accused Ganesh. The petitioners herein are the parents of A1. At that time, A1 told the de facto complainant that he was then working as a Professor in the Department of Anatomy in S.R.M. College and he further told that he had connection with many people and using the same, he was able to get admission for students under the management quota in a number of private medical colleges. Thereafter, A1 continued to speak to the de facto complainant over phone. In the month of June, 2014, the relatives of the de facto complainant were trying to get admission for their children namely Ms.Kiruthika and Sri.Saranraj in the First Year M.B.B.S. Course in any one of the private medical colleges. At that time, the de facto complainant was reminded of A1 and accordingly, he took them to A1. At that time, A1 made a false promise that by using his influence with the Personal Secretary of the Management of a private medical college at Puducherry known as "Pondicherry Institute of Medical Sciences (PIMS) he could get admission. For that he demanded a total sum of Rs.26 lakhs as consideration. He wanted a sum of Rs.13 lakhs to be paid as advance. He further told that on 30.06.2012 the student should write a common entrance examination. Accordingly, a part of money was paid to the account of A1. A total sum of Rs.17,18,000/- was paid directly to A1 at his house. At that time, the petitioners 1 and 2 were present. The 1st petitioner also gave assurance that his son would get admission as promised. The money was counted by the 1st petitioner and his yet another son. Thereafter, neither the money was repaid nor admission was secured in the medical college. Thus, according to the prosecution, the de facto complainant has been cheated.

(3.) The learned counsel for the 1st petitioner would submit that these allegations are false. He would submit that the 1st petitioner did not receive any amount at all and an attempt has been made to rope in the entire family. He would further submit that as a matter of fact, A1 had given a complaint against the de facto complainant herein on previous occasion on 27.06.2013 alleging that the de facto complainant herein and his friend Reshin had received a sum of Rs.28,00,000/- for admission in first year M.B.B.S. Course for his sister. But they did not repay the amount nor did they secure admission. But, this complaint was not investigated properly. Instead, he was forced to withdraw the complaint. He would further submit that 1st petitioner is an aged person and he has been in jail for more than 45 days. The learned counsel for the 1st petitioner would further submit that as a matter of fact, it is only the de facto complainant who has committed cheating and not the petitioner.