IMPORTANT POINT
The court upheld a stringent approach to corruption cases, emphasizing the necessity of custodial interrogation to prevent evidence tampering and protect public trust.

ORDER :

1. This is a petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail and the petitioner is the accused in Crime No.2754/CB/KLM&PTA/R/2023, Crime Branch, Kollam arose out of Crime No.935/2021 of Karunagappally Police Station, Kollam.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the prosecution records and the report of the Investigating Officer, placed by the learned Public Prosecutor.

3. In this matter, initially the crime was registered by the Karunagappally Police, alleging commission of offences punishable under Sections 417, 465, 468 and 471 of the Indian Penal Code by the accused, and later when the investigation was entrusted to the Crime Branch, offences punishable under Sections 13 (2) read with 13(1)(a) of the Prevention of Corruption Act, 1988 [hereinafter referred as ‘P.C. Act’ for short] also were incorporated.

4. This crime was registered on the basis of the complaint forwarded by the Senior Superintendent, Directorate of Health Services, Thiruvananthapuram to the City Commissioner of Police, Kollam, inturn made over to Assistant Commissioner of Police, Karunagappally. The sum and substance of the prosecution allegation is that, the accused with intention to cheat and defraud the Government and the public in general, forged PG Degree Certificate as that of Maharashtra University of Health Sciences, Nasik and by producing the same as original, obtained registration from the Travancore Cochin Medical Council. Later, on the basis of the said forged certificate, opted specialty cadre and worked as Junior Consultant (O&G) at both Cherthala Taluk Hospital and Karunagappally Heardquarters Hospital from 22.07.2011 onwards. It is on this premise, the prosecution alleges commission of the above said offences by the accused.

5. While canvasing anticipatory bail to the petitioner, it is submitted by the learned counsel for the petitioner that, the petitioner is a qualified doctor, who passed MBBS in the year 2003 from Medical College, Kozhikode and enrolled in PG Diploma course in Obstetrics and Gynecology in Maharashtra University of Health Sciences and written examination for the same. Later, the petitioner’s husband, who is working as Surgeon, District Hospital, Kollam, informed the petitioner that she had passed the examination and he obtained the alleged bogus certificate from the University. According to the learned counsel for the petitioner, the husband of the petitioner is the person, who entrusted the forged certificate to the petitioner, making her believe that the same was genuine and later when the marital relationship between the petitioner and her husband became strained, the husband failed fake complaint alleging forgery of certificate. The learned counsel for the petitioner fairly submitted that, after registration of this case only, the petitioner came to know about the fact that she did not pass the examination and thereafter she appeared for the examination and passed the examination and she was issued certificate for the same. According to the learned counsel for the petitioner, since the investigation has progressed much, the petitioner may be enlarged on anticipatory bail, by imposing necessary conditions, to effectuate meaningful investigation.

6. In response to the submissions made by the learned counsel for the petitioner, the learned Public Prosecutor placed the report submitted by the Deputy Superintendent of Police-I, Crime Branch, Kollam. As per the report, it could be gathered that initially, Karunagappally Police registered the crime and as part of investigation, no