Anilkumar. G v. State of Kerala, Represented By Public Prosecutor
2025-06-04
KAUSER EDAPPAGATH
body2025
DigiLaw.ai
ORDER : Kauser Edappagath, J. This application is filed u/s 482 of the Bharatiya Nagarik Suraksha Sanhitha (BNSS), 2023 seeking pre-arrest bail. 2. The applicant is the accused in Crime No.1097/2025 of the Pathanamthitta Police Station. The offence alleged is punishable under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The case of the prosecution in short is that, the applicant was running a private educational institution namely Mother's Institute of Science and Technology, enrolled defacto complainant and others for the B. Voc. course making them believe that the said course has affiliation with the Kerala University and Glocal University, Uttar Pradesh and received admission fees and semester fees and later on it was revealed that the course did not have affiliation as promised and thereby committed the offence. 4. I have heard Sri. Liju V. Stephen, the learned counsel for the applicant and Sri.E.C. Bineesh, the learned Public Prosecutor. Perused the case diary. 5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that there are no materials on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation. 6. The applicant does not dispute that the defacto complainant and others mentioned in the FIR have joined the course conducted by the Mother's Institute of Science and Technology. In the case diary produced by the learned Prosecutor, the receipt issued by the applicant to the defacto complainant and others are there. In the receipt it is stated that Mother's Institute of Science and Technology is affiliated to NCVRT. Annexure A2 is the certificate of accreditation issued by the NCVRT. It would show that the Mother's Institute of Vocational Training Centre has accreditation with NCVRT. Annexure A3 would show that the applicant has obtained licence from the Pathanamthitta Municipality. Annexure A1 is the certificate issued by the Glocal University. It would show that the Mother's Group of Institutions having office at Pathanamthitta has been recognised as the authorised vocational training partner of the Glocal University.
Annexure A3 would show that the applicant has obtained licence from the Pathanamthitta Municipality. Annexure A1 is the certificate issued by the Glocal University. It would show that the Mother's Group of Institutions having office at Pathanamthitta has been recognised as the authorised vocational training partner of the Glocal University. However, the learned Prosecutor has made available to me a letter issued by the UGC to the Glocal University. It would show that the Glocal University is empowered to award degrees for the courses conducted in the main campus in regular mode and is not authorised to open study centre/off-campus centre beyond the territorial jurisdiction of the State. The question whether the course rendered by the applicant-institution through Glocal University is recognised by UGC is a matter to be probed into. Considering the entire facts and circumstances of the case, the custodial interrogation of the applicant does not appear to be necessary. For these reasons, I am of the view that it is a fit case where pre-arrest bail can be granted to the applicant. It is submitted by the learned counsel for the applicant that notice under Section 35(3) of the BNSS has already been issued to the applicant. The applicant shall comply with the notice and fully cooperate with the investigation. In the result, the application is allowed on the following conditions:- (i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be. (ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded. (iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required. (iv) The applicant shall not commit any offence of a like nature while on bail. (v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. (vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. (vi) The applicant shall not leave the State of Kerala without the permission of the trial Court. (vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.