Mr Robins K Thomas v. The State of Assam

ORDER Date : 27.11

. 2024

¶1Heard Mr. B.K. Jain, learned counsel for the petitioner, Mr. Robins K. Thomas, who has filed this application under 482 BNSS, 2023 with a prayer for pre-arrest bail as he is apprehending arrest in connection with Dispur P.S. Case Page No.# 2/3 No. 854, dated 14.08.2024 under Sections 406/ 420 IPC.

¶2Heard Ms. N. Das, learned Addl. Public Prosecutor, Assam, appearing for the State respondent.

¶3The learned Addl. PP has raised objection against the prayer of pre-arrest bail sating that there are incriminating materials against the petitioner in the case diary.

¶4The FIR unfolds that the petitioner falsely promised the informant's wife that she would be educated at the 'G.N.M. Nurse in Benglauru'. Accordingly, an unknown school in Bengaluru was shown to the candidate on 01.09.2019 and lastly an amount Rs. 4,50,000/-as on 24.10.2023, Rs. 40,000/- in cash as on

10.08.2019 was taken by the petitioner and on 05.10.2019 an amount of Rs. 80,000/ and an amount of Rs. 99,000/- by way of online transfer was taken by the petitioner. It was also promised that the school will be approved by the Indian Nursing Council and the same would be registered in Assam.

¶5Now, the petitioner is aggrieved that the certificate issued by them could not be registered in the Registration office of Assam and the school has not been approved by the Indian Nurshing Council.

¶6The petitioner has relied upon order dated 11.09.2017 of the Hon'ble Supreme Court of India in the case of The Karnataka State Association of the Management of Nurshing and Allied Health Science Institute and Ors Vs. the Indian Nurshing Council & Ors. passed in Civil Appeal Nos. 12759-12761 of 2017 (Arising out of SLP (Civil) Nos. 23346-23348 of 2017), wherein it has been held that the Indian Nursing Council, Respondent No. 2 has no authority to grant recognition to the institutions imparting nursing course. It must follow that the Respondent No. 2 is, therefore, restrained from Page No.# 3/3 publishing on its website, the materials that are indicated. However, despite the order dated 11.09.2017, the petitioner induced the aggrieved that the course would be approved by the Indian Nursing Council.

¶7The case diary is received and perused.

¶8I have scrutinized the case diary.

¶9At this stage, I am not inclined to grant pre-arrest bail to the petitioner.

¶10Considering all aspects of the matter in its entirety, the petition for pre-arrest bail is rejected.

¶11Bail application is dismissed.

¶12Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010198962024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2589/2024 MR ROBINS K THOMAS S/O MR. THOMAS JOHN, P/R/O KUNNATHUPUTHANPURACKAL, KUTTAMPUZHA, URULANTHANNI, ERNAKULAM, KERALA, PIN-686681. PRESENTLY WORKING AS AN INTENSIVE CARE UNIT NURSING IN- CHARGE AT SARATHI HOSPITAL, ALTERNATIVE ROAD, NALBARI, ASSAM, PIN-781335 AND CURRENTLY RESIDING AT C/O BANKSHI KALITA, NALBARI POLICE STATION, OPPOSITE BRYLANE, NALBARI, ASSAM, PIN- 781335 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B K JAIN, MS. P C BARNALI NAIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND