Johithadhithya v. The State Rep.By

Reserved On 05.09.2023 Pronounced On 12.09.2023 RMT.TEEKAA RAMAN, J.

It is a case of foreign country medical seat fraud. The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 120B, 417, 420 and 506(1) of IPC in Crime No.24 of 2019 on the file of the respondent police, seeks anticipatory bail.

2. The petitioner is arrayed as A2. The case of the prosecution in brief is that the son of the de-facto complainant was approached by the parents of the petitioner herein stating that petitioner (A2) is studying medical course in a foreign University Viz., Bogomolet College at Ukraine and received a sum of Rs.7,41,000/- for securing MBBS seat in the foreign country. After de-facto complainant's son Naveen Varshan went there, he was offered a literature course, which is equivalent to the B.A. Literature

course in India and hence, on return, as the petitioner refused to repay the amount nor got a medical seat to the de-facto complainant's son, the complaint has been filed.

3. The learned counsel for the petitioner submitted that petitioner completed his medicine degree and working as a Doctor in a private hospital at New Delhi. The entire occurrence has taken place in the year 2018 and the FIR is registered in the year 2019.

4. The learned Government Advocate (Crl.side) stated that pursuant to an order passed by the learned Magistrate under Section 156 (3) of Cr.P.C., First Information Report in this case came to be registered.

5. After perusal of the typed set of papers and also the documents placed before this Court, I find that, on promise to get a medical seat in foreign university at Ukraine, the petitioner and his parents have taken a sum of Rs.7,41,000/- and failed to get the medical seat nor even returned the amount. The matter is under investigation. Considering the nature and gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed.

12.09.2023 (2/2) mpl

RMT.TEEKAA RAMAN, J.

mpl .09.2023 (2/2)