Case Title: Shyju G.J. v. State of Kerala and Visakh A. v. State of Kerala
Bench : BECHU KURIAN THOMAS JUDGE
Date : 30TH DAY OF JUNE 2023
Facts:
- Applications for anticipatory bail were filed by the first accused (Principal of Christian College, Kattakada) and the second accused (a first-year degree student of the same college) under Section 438 of the Code of Criminal Procedure.
- Crime No. 814 of 2023 was registered based on a complaint by the Registrar of Kerala University, alleging that the accused created false documents, committed criminal breach of trust, and cheated by forging election documents of the Christian College. These actions were allegedly done to enable the second accused to participate in Kerala University Union elections.
- The defence argued that the allegations were baseless and, even if assumed true, only warranted disciplinary proceedings rather than criminal charges. They claimed that the first accused had the authority to fill a vacancy under the Kerala University Act and that the actions were within their powers.
- The prosecution contended that custodial interrogation was necessary for a thorough investigation and opposed the applications for anticipatory bail.
Analysis:
It appears that there is a dispute regarding the allegations of creating false documents, criminal breach of trust, and cheating by the accused in order to facilitate the second accused’s participation in the university elections. The defence argues that the actions were within the powers of the first accused as the Principal and that they do not warrant criminal charges. On the other hand, the prosecution believes that custodial interrogation is necessary to conduct a comprehensive investigation.
Judgement:
Considering the aforesaid submission, direct that in the event of the first and second accused surrendering before the Investigating Officer on 04.07.2023, they shall be interrogated and thereafter the procedure contemplated in accordance with law shall be complied with. These anticipatory bail applications are therefore dismissed as above.
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WRITTEN BY- ANVITHA RAO
