Page No.# 1/3 GAHC010003002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/61/2025 ROBINS K THOMAS SON OF MR. THOMAS JOHN, BY PROFESSION- ICU NURSING IN-CHARGE, PERMANENT RESIDENT OF KUNNATHUPUTHANPURACKAL, KUTTAMPUZHA, URULANTHANNI, ERNAKULAM, KERALA, PIN- 686681 AND 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, MOBILE NO. 9706574933 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. B K JAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20.02.2025 Heard Ms. P. C. B. Nair, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/3 2. Apprehending his arrest, the petitioner, namely, Mr. Robins K Thomas, son of Mr. Thomas John, presently working as an Intensive Care Unit Nursing In-charge at Sarathi Hospital, Alternative road, Nalbari, Assam, residing at C/o Bankshi Kalita, Nalbari Police Station, Opposite Brylane, Nalbari, Assam and permanent resident of Kunnathuputhanpurackal, Kuttampuzha, Urulanthanni, Ernakuam, Kerala apprehending his arrest has filed this application under Section 482 BNSS, 2023, seeking pre-arrest bail in Dispur Police Station Case No. 854/2024 registered under Sections 406/ 420 IPC, corresponding to G.R. No. 4758/2024. 3. As per the FIR dated 02.07.2024 lodged before Dispur Police Station, the case is that the petitioner induced informant’s wife who promised that he will arrange a seat for her in a Nursing School at Bangalore that is approved by the Indian Nursing Council and also registered at Assam. For that purpose, the petitioner took around Rs. 4,50,000/- from the informant on various dates, i.e., on 10.08.2019 and 05.10.209 in cash and through online transfer. Later, the informant found that the Registration Certificate issued to his wife by the concerned Nursing School was not approved by the Indian Nursing Council as well as said registration is also not applicable in the State of Assam. 4. As such, on the basis of the said FIR dated 02.07.2024, Dispur P.S. Case No. 854/2024 was registered under Sections 406/ 420 IPC, corresponding to G.R. No. 4758/2024. 5. From the case diary placed before the Court today by Mr. M P Goswami, learned Additional Public Prosecutor, Assam, it is seen that the petitioner, on receipt of notice under Section 35(3) of the BNSS appeared before the Investigating Officer of Dispur P.S. Case No. 854/2024 on 26.08.2024 as well as on 02.09.2024, i.e., the dates when he was asked to appear before the I.O. of the case and he cooperated with the investigation of the said case. He admitted that he had taken the money from the informant for admission of his wife in Nursing Institute at Bangalore, stating further that he did not take the entire amount as been alleged by the informant in the FIR. 6. The petitioner assured before the Investigating Officer of the case that he shall return the money to the informant that he had received from him. 7. Considering the above, the Court is of the view that custodial detention of the Page No.# 3/3 petitioner is not warranted for investigation of said Dispur P.S. Case No. 854/2024. Therefore, this pre-arrest bail application of the petitioner in said Dispur P.S. Case No. 854/2024 is accepted. 8. Accordingly, it is provided that in the event of arrest of the petitioner, namely, Mr. Robins K Thomas, son of Mr. Thomas John, in said Dispur P.S. Case No. 854/2024, he shall be released on bail, on furnishing bail bond of Rs 1,00,000/- with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either Central or State Government, to the satisfaction of the arresting authority, subject to the conditions that he – (i) shall appear before the concerned Investigating Officer of Dispur P.S. Case No. 854/2024 as and when he is required for necessary investigation of said Dispur P.S. Case No. 854/2024; (ii) shall not leave the territorial jurisdiction of the Dispur police station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (v) shall not involve himself in any criminal activities in the future. 9. Failure to comply with any of the aforesaid terms and conditions by him, the pre-arrest bail granted to petitioner, namely, Mr. Robins K Thomas, son of Mr. Thomas John in said Dispur P.S. Case No. 854/2024 shall stand automatically vacated. 10. Return the case diary herewith. JUDGE Comparing Assistant