IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 818 of 2010()
1. GIRISH, S/O.SANKUNNI MENON,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.M.MOHAMMED IQUABAL
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 818 OF 2010
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Dated this the 1st day of March, 2010
O R D E R
Gireesh, accused No.3 in Crime No.62 of 2010 of Mala Police
Station, Thrissur District is the petitioner in this application for bail filed
under Section 439 of the Code of Criminal Procedure.
2. The offence alleged against the petitioner is under Section
420 read with Section 34 of the Indian Penal Code. The petitioner
was arrested on 3.2.2010 and he was remanded to judicial custody.
3. The de facto complainant, Shine Sebi, Chalakudy, filed a
petition before the Superintendent of Police, Thrissur, which was
forwarded on 15.1.2010 to the Circle Inspector of Mala for enquiry.
The Circle Inspector of Police, Mala Police Station forwarded it to
the Sub Inspector of Police, Mala Police Station, who registered the
crime as Crime No.62 of 2010 of Mala Police Station.
4. The case of the de facto complainant, Shine Sebi, is that
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she was assured by accused No.2 Famous Noushad, accused No.5
Sunitha Noushad, accused No.3 Gireesh (petitioner) and accused
No.4 Haris that they would arrange a seat for MBBS in Amala
Medical College, Thrissur for Milan Maria, the daughter of the de
facto complainant, and received Rs.14 lakhs. Famous Noushad is
running a concern under the name and style “Futures Educational
Consultancy” at Mala. Accused No.1 Noushad is the father of
accused No.2. On receiving the amount as aforesaid, a receipt for
Rs.4,71,100/- was given to the de facto complainant as if the receipt
was issued on 10-11-2009 by Amala Medical College and Research
Institute. The de facto complainant was told that the balance amount
was the bribe required for getting the seat and therefore, no receipt
would be issued in respect of payment of that amount. The receipt
for Rs.4,71,100/- was given at the premises of Amala Medical
College. The de facto complainant and her daughter were taken to
the Medical College on several occasions. However, the de facto
complainant or her daughter was not permitted to see the Principal or
any responsible person in the College. Milan Maria was provided
with books on Medical Physiology and Anatomy by the accused. A
sum of Rs.34,000/- was collected towards hostel fee by the accused
from the de facto complainant. The de facto complainant was also
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made to deposit a sum of Rs.6,500/- in the account of one Noufal.
Stating that a seat was alloted, identity card was also given by the
accused to Milan Maria, wherein her roll number is printed as 61 and
Batch No. is shown as I M.B.B.S. The accused persons told the de
facto complainant that no interview was required. When the de facto
complainant and her daughter went to the College for admission,
they realised that the whole episode was a fraud and cheating
committed by the accused persons.
5. The investigation revealed that Famous Noushad had gone
to the house of the de facto complainant and gave his visiting card to
her. She was being contacted over phone by Famous Noushad
regularly. On 29.10.2009, the de facto complainant, her daughter
and the father of the de facto complainant were taken to Chennai by
accused No.1 Noushad under the pretext of securing admission in a
Medical College in Chennai. They returned as no admission could
be secured. In November 2009, the de facto complainant was told
that a seat was available for MBBS in the Malabar Medical College.
Accordingly, the de facto complainant and her daughter went to
Kozhikode, as directed by Haris, accused No.4. Noushad, Famous
Noushad and Sunitha Noushad accompanied them. The de facto
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complainant was told that the medical college had not commenced
functioning and they returned to Chalakudy. Later, the de facto
complainant was assured by the accused that a seat would be
provided in Amala Medical College, Thrissur.
6. The case diary file shows that Famous Noushad (accused
No.2) runs a concern under the name and style “Futures Educational
Consultancy”. “Enlighten your future with us” is the offer made in
the visiting card of “Futures Educational Consultancy”. It is also
stated therein that the concern provides assistance for admission to
MBBS, Nursing, Engineering Courses and all other professional
Courses in Bangalore, Tamil Nadu, Mangalore, Kerala and Andhra
Pradesh. Admission guidance for higher studies in France, US, UK,
Canada, Australia and other countries is also offered. It would
appear that accused No. 4 Haris runs a concern under the name and
style “Career Educational Service” at Ponnani Road, Edapal. It is
claimed in the visiting card that they provided guidance for MBBS,
MD, BDS, MDS, BAMS, BHMS, Engineering (all branches), MBA,
MCA, Aeronautic Engineering and other courses mentioned therein.
Investigation has also revealed that the receipt that was allegedly
issued by Amala Medical College and Research Institute and the
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identity card given to Milan Maria as if it was issued by Amala
Institute of Medical Science, are not genuine documents.
7. The petitioner (accused No.3) was arrested, as already
stated, on 3.2.2010. As per the instructions given to the Public
Prosecutor as on 15.2.2010, the other accused persons were not
arrested. They are stated to be absconding.
8. The learned counsel for the petitioner submitted that the
petitioner is a teacher by profession and that he has no connection
with any crime. It is also submitted that the case was initiated
against him without any bona fides. There is no reason why the
petitioner should be detained further.
9. The learned Public Prosecutor submitted that the petitioner
is involved in another case where the offence against him is that he
had received Rs.19 lakhs assuring a seat for MBBS in Amala
Medical College, Thrissur to the daughter of one Mochickal Ismail
Haji.
10. The allegations levelled against the accused persons are
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grave in nature. The investigation is in progress. The other accused
persons in the crime are not arrested. If the petitioner is released on
bail at this stage, it would adversely affect the proper investigation of
the case. It is also likely that the investigating officer may find it
difficult to arrest all the other accused persons, if the petitioner is
released on bail at this stage. However, only on the ground that the
other accused persons are not arrested, bail cannot be denied to one
of the accused persons who was arrested and detained. The
investigating officer has to take hectic steps to arrest the other
accused persons and to complete the investigation. Though I am not
inclined to grant bail to the petitioner at this stage, it is only proper to
provide him liberty to move for bail after three weeks.
11. It is seen that several cases are being registered wherein
the allegation is that the accused therein cheated several persons
and received huge amounts assuring admission for MBBS in Medical
Colleges. From the case diary in the present case, it is seen that the
second accused Famous Noushad runs a concern under the name
and style “Futures Educational Consultancy” at Mala and accused
No.4 Haris runs a concern under the name and style “Career
Educational Services” at Edapal. The learned Public Prosecutor
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submitted that there is no law providing for opening of such
educational services or consultancy services. He submitted that
admission to the Medical Colleges and other professional colleges
are regulated by laws and there is no role for educational consultants
in the process of admission. If any person receives any amount
assuring admission for MBBS in any of the Medical Colleges in the
State of Kerala, it is illegal and it amounts to an offence, submits the
learned Public Prosecutor. However, to a query, the learned Public
Prosecutor stated that no steps were taken to close down such
agencies and concerns or to regulate their functioning under any law.
Educational consultancy services are sprouting, submits the learned
Public Prosecutor. Under the guise of providing educational
consultancy services, the persons who run such concerns are
reportedly taking huge amounts from the general public making false
promise to them that admission would be provided for MBBS course
and other professional degree courses in the professional colleges in
the State of Kerala. In an urge to get admission for their children, it
would appear that the parents are prepared to pay huge amounts to
the persons who run the educational consultancy services. It is not
known whether any person who runs such educational consultancy
services was really able to secure admissions as they boast. It is
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also not known whether any extraneous influence is possible in the
matter of getting admission for professional courses. It would appear
that the people believe in the false promises made by the persons
who run the educational consultancy services. I think it is not proper
or legal to allow persons to run educational consultancy services
without any law governing the field or any rule or order providing for
the same. It is necessary to regulate the activities of educational
consultancy services. Even for running a small stationery shop or
grocery shop, licence or permission of the local authorities, licence
under the Prevention of Food Adulteration Act etc. are required. To
a query, the learned Public Prosecutor submitted that for running
educational consultancy services, no licence or permission is
required. Under the guise of running educational consultancy
services, those who seek admission to professional courses are
being cheated by some of the educational consultancy services.
Attention of the Government is required in this matter. If any
regulatory measures are necessary for regulating the functioning of
educational consultancy services, it would be only proper to make
provisions for the same. If the Government thinks that no such
educational consultancy service should be allowed to be conducted,
appropriate measures are to be taken in that regard. I think it is for
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the Government, and not for the Court, to take a decision in this
matter. However, I do not think that anybody would have any
difference of opinion that if such educational consultancy services
are to be permitted to be run, there must be a law, rule or order
regulating the same.
For the aforesaid reasons, I am not inclined to allow the Bail
Application at this stage. The Bail Application is accordingly
dismissed. However, the petitioner is permitted to move this Court
again for bail after three weeks.
The Registry shall forward a copy of this order to the Chief
Secretary to the Government, Government of Kerala, Secretariat,
Thiruvananthapuram and also to the Secretary, Department of
Education, Secretariat, Thiruvananthapuram.
Handover copy to the counsel appearing for the petitioner as
well as to the learned Public Prosecutor.
(K.T.SANKARAN)
Judge
ahz/