AFFIN THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the 1st accused in Crime Nos.2608/2023, 2689/2023, 28/2024, 2688/2023, 29/2024 and 2821/2024 of the Kalamassery Police Station, Ernakulam, registered against the accused (three in number) for allegedly committing the offences punishable under Secs.406 and 420 read with Sec. 34 of the Indian Penal Code. The petitioner's arrest was recorded in the above crimes on 17/12/2023.

(2.) The gist of the prosecution case is that: the accused with an intention to obtain unlawful gain from the informants, received amounts as tuition fees from them promising to arrange free admission in a course named AUSBUILDING 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., Smt.Seetha S. and Sri.C.S.Hrithwik, the learned Public Prosecutors.