VIJAYA KUMAR Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This petition is filed under Section 438 of the Cr.P.C.

(2.) The petitioner herein is the 3rd accused in CBCID-Crime No.4/CR/OCW1/TVM/16, registered under Sections 465, 468, 471 and 420 r/w. Section 34 of the IPC.

(3.) According to the prosecution, the petitioner herein is the Managing Director of Cosmopolitan Technology of Maritime College, Chennai. Among other courses, the said institution also conducts Certificate Courses of Marine Catering (CCMC) . For a brief period during the year 2013, the basic qualification for admission to the course was upgraded from Standard VIII to Plus Two. In the year 2013, about 29 students were admitted from Lakshadweep. It was on the basis of the Plus Two certificates submitted by those students that the admissions were granted. As per the directives issued by the Director General of Shipping, the certificates, which were produced before the petitioner herein at the time of admission, were to be forwarded to the certificate issuing authority for assessing its genuineness. When the certificates were forwarded to the Board of Higher Secondary Education, it was found that the certificates were not genuine. On its basis, the Crime was registered. Specific allegation is that the 2nd accused in the aforesaid Crime was running a Career Consultancy at Cochin and he had forged the certificates and the same was entrusted with the petitioner. The petitioner being fully aware that the certificates are forged, accepted the same and after attesting it as genuine provided admission to the students. It is further alleged that the petitioner herein had received a sum of Rs.2, 65, 000/- from these students towards fees for providing them admission.