IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 6982 of 2011() ----------------------------- CRIME NO.410 OF 2011 OF SHORANUR POLICE STATION, PALAKKAD PETITIONER: -------------------- M.J.KURIAN, S/O.JACOB, MOLARIKKAL HOUSE PORATHISSERY, IRINJALAKKUDA NORTH. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, SHORANUR POLICE STATION SHORANUR 679 121, PALAKKAD DISTRICT. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, ALONG WITH BA NO. 7040 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.Nos.6982 & 7040 OF 2011 ----------------------------------------- Dated this the 9th day of December, 2011 ORDER B.A.No.6982 of 2011 is filed by accused No.1 in Crime No.410 of 2011 of Shoranur Police Station. B.A.No.7040 of 2011 is filed by accused No.2 in that crime. Both these applications are filed under Section 438 of the Code of Criminal Procedure. 2. The prosecution case is the following: On 12.8.2011, the Sub Inspector of Police, while on patrol duty, got information that in a rented building at Shoranur, the accused persons were issuing forged and false certificates of different Ayurvedic Courses. A search was conducted in the premises in question at 2.15 P.M, on 12.8.2011. Several incriminating documents were seized. Some of the documents would indicate that an institution called Kerala Health Care Centre & Para-Medical Institute run B.A.No. 6982 & 7040 OF 2011 2 by Ayurvedic Health Care and Educational Service Society of Kerala, of which the first accused is the Manager/Director, was conducting various courses in Ayurveda, and they were issuing mark lists, certificates and other documents to various persons including persons from other States. The mark list would indicate that the theory and practical for “Ayurveda Treatments & Consultation”, “Diagnos & History”, “Hygiene & Pathology”, “Anatomy”, “Physiology”, “Ayurvedic Massage” etc. were being conducted in the institute allegedly run by the petitioners. The prosecution case is that no such institute was being run by the petitioners and that they did not have required permission or authority for running such an institute. The Shoranur Municipality issued a letter stating that no license was granted to the petitioners for running Ayur Kerala Health Care & Para-Medicals in the premises in question. The Thrissur Corporation issued a letter to the investigating officer stating that no registration was made in the Thrissur Corporation also. The Director of Ayurvedic Medical Education has intimated the investigating officer that the Directorate of Ayurvedic Medical Education is the authority for conducting certificate courses in Ayurveda, that there are no diploma B.A.No. 6982 & 7040 OF 2011 3 courses in Ayurvedic Nursing and that Kerala Health Care Centre & Para-Medical Institute is not an institution recognized by the Government for conducting certificate course in Ayurveda or any course in Ayurveda. 3. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms