IMPORTANT POINT
Bail is the rule and jail is the exception; custodial interrogation is not necessary if the accused cooperates with the investigation.

ORDER :

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.

2. The petitioner is an accused in Crime No. 9/2025 of Enrakulam Town South Police Station. The above case is registered against the petitioner alleging offences punishable under Secs. 318(4) and 336(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

3. The prosecution case is that, the applicant with an intention to deceive and defraud the complainant and others, claimed to possess a Masters Degree and administered treatment to the complainant at his Dental Clinic at Chirattapalam, Fort Kochi. It is further alleged that the petitioner advertised his fake degree through social media for unjust profiteering and thereby committed the above said offences.

4. Heard Senior Counsel Adv.P.Vijayabhanu as instructed by his retaining counsel. Adv.Saiby Jose Kidangoor, counsel appeared for the defacto complainant and I heard the Public Prosecutor also.

5. The Senior counsel submitted that even if the entire allegations are accepted, the offences alleged are not attracted. The counsel submitted that the petitioner is an experienced Dental Doctor, who is practising at Fort Kochi for about 30 years. The Senior Counsel produced certain documents to prove the same. The Senior Counsel submitted that the petitioner is having BDS degree and MDS degree recognized by the authorities. The Public Prosecutor opposed the bail application.

6. Adv. Saiby Jose Kidangoor, who appeared for the defacto complainant seriously opposed the bail application. Adv. Saiby submitted that it is a case in which the petitioner is a doctor practising with fake degree. He not only exhibit the same in his clinic, but it is also exhibited in the social media. The counsel submitted that, at the instance of the petitioner, the investigating agency is changed. Now, the present investigating agency also submitted a report before this Court stating that the custodial interrogation of the petitioner is necessary. Therefore, this Court may not take it lightly. The counsel submitted that it is a fit case in which this Court may not entertain a bail application under sec. 482 BNSS. The counsel submitted that he has not only cheated the defacto complainant, but others including foreigners, who are coming at Fort Kochi. The counsel submitted that the petitioner treated the defacto complainant and several complications arose. The counsel submitted that this bail application may not be entertained.

7. This Court considered the contentions of the petitioner and the Public Prosecutor. When this bail application came up for consideration on 04.03.2025, this Court passed the following order :

“After hearing both sides, I think a settlement chance is to be explored before deciding this bail application. Therefore, the petitioner and the defacto complainant will appear before the High Court Mediation Center on 10.03.2025. Nodal Officer will do the needful. The petitioner shall not be arrested till the next posting date. Await the mediation report.

Post on 14.03.2025”

8. When this case came up for consideration on 14.03.2025, the counsel for the petitioner submitted that he is not interested to mediate the matter, because it is a serious case in which the petitioner cheated the defacto complainant. Therefore, mediation was not happened. Thereafter, when this case came up for consideration on 17.03.2025, this Court passed the following order :

“After hearing both sides and also perusing the documents, I am of the prima facie opinion that the petitioner made out a prima facie case for interim bail.

2. The petitioner shall surrender before the Investigating Officer within one week from today and shall undergo interrogation. After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned.

3. The learne