DEVADAS P.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 Cr.P.C.

(2.) Petitioner is the sole accused in Crime No.2514 of 2017 of Kalamassery Police Station. The allegation against him was that since 1999, he was engaged in running an Institute, offering off campus courses for various Universities. In the year 2015, the UGC regulations imposed restrictions in the conduct of off campus courses outside the jurisdiction of Universities in India. Upon a reliable information, a search was conducted at the premises wherein the proprietorship concern by name Prathibha College of Management Studies was conducted and certain documents numbering 51 were seized. The petitioner was asked to produce documents to establish his authority to conduct the institution, but he failed. Therefore, based on the documents recovered from the premises of his institution, the Crime in question was registered. Out of apprehension that he would be arrested in the crime by the Kalamassery Police, the petitioner has moved this application seeking pre-arrest bail.

(3.) Sri.M.Kiranlal, the learned counsel for the petitioner has submitted that there is no basis in the allegations levelled against him by the prosecution. On the basis of Annexures A3 and A6, photocopies of an agreement executed among the petitioner and the Manonmaniam Sundaranar University, Tirunelveli, Tamil Nadu and a registration certificate to conduct a tutorial course, obtained from Kalamassery Municipal Counsel, the learned counsel contended that the activities conducted by the Institution was legal and proper. According to him, a tutorial class is being run by the Institution and after 2015, he was not involved in the transactions, which were restrained by the UGC. Accordingly, he pleaded that the petitioner is totally innocent of the allegations and canvassed for grant of pre-arrest bail.