IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 818 of 2010 CRIME NO.62 OF 2010 OF MALA POLICE STATION, THRISSUR DISTRICT PETITIONER/3RD ACCUSED ------------------------------------------ GIRISH, S/O.SANKUNNI MENON, SREENILAYAM, POST PACHATTIRI, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17.2.2010, THE COURT ON 01/03/2010, PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 818 OF 2010 ------------------------------------------------------ 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 B.A. NO. 818 OF 2010 :: 2 :: 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 B.A. NO. 818 OF 2010 :: 3 :: 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 B.A. NO. 818 OF 2010 :: 4 :: 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 B.A. NO. 818 OF 2010 :: 5 :: 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 B.A. NO. 818 OF 2010 :: 6 :: 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 B.A. NO. 818 OF 2010 :: 7 :: 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 B.A. NO. 818 OF 2010 :: 8 :: 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 B.A. NO. 818 OF 2010 :: 9 :: 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/