Vijaya Sree v. The State

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.6532 of 2017 ORDER:

This criminal petition is filed, by the petitioner/accused No.1, under Section 438 Cr.P.C., seeking anticipatory bail in Crime No.20 of 2016 on the file of the Station House Officer, M.R.Palli Police Station, Chittoor district registered for the offences punishable under Sections 420, 467 r/w 34 of IPC and Section 3 (1) (x) of S.C & S.T (PoA) Act. The learned counsel for the petitioner strenuously submitted that the de-facto complainant foisted a false case against the petitioner. She further submitted that even if the allegations made in the complaint are ex facie taken to be true and correct, no prima facie case is made out against the petitioner.

Per contra, the learned Public Prosecutor representing the State submitted that the petitioner collected huge amount from different students by making false promise.

The case of the prosecution is that the petitioner admitted as many as 60 students in the nursing course without obtaining necessary permission from the concerned authorities. It is the further case of the prosecution that the students were deputed to different hospitals without proper training basing on fake certificates. It is alleged that the petitioner forced the de-facto complainant and other students who belong to scheduled caste to work in the dairy farm. Basing on the complaint lodged by the students, the above case was registered against the petitioner.

A perusal of the record reveals that the de-facto complainant and others have joined in the Nursing college of the petitioner by

paying huge amounts towards fee. A perusal of the record further reveals that the petitioner deputed the students to different hospitals basing on fake documents. The gist of the allegations made in the complaint is that the petitioner cheated several students and insulted them by abusing in the name of their caste.

Whether the petitioner has committed the alleged offences or not will come to light during the course of investigation. A perusal of the record prima facie reveals the role played by the petitioner in the commission of the alleged offences.

Taking into consideration the gravity of the offences alleged to have been committed by the petitioner, this Court is of the considered view that this is not a fit case to grant anticipatory bail to the petitioner.

In the result, the petition is dismissed.

_________________________ T.SUNIL CHOWDARY, J Date: 4th October, 2017 Kvsn