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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Prince S/o Jose – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. This is an application for pre-arrest bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023 moved by accused Nos. 4 and 5 in Crime No.VC3/2025/CRE of Vigilance and Anti-Corruption Bureau (VACB), Central Range, Ernakulam.
2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor in detail. Perused the report along with relevant documents placed by the learned Public Prosecutor in detail.
3. The prosecution allegation in precise form as per the report of the Investigating Officer is as under;
“In pursuance of common intention of A1 to A6, all the accused conspired among themselves to commit a criminal act in pursuance of the same, the 2nd accused filed a false complaint to the Education Department against the complainant, who is a School Head Master set to retire on 31-03-2025 alleging embezzlement of Government funds allocated for school projects. Later A2 along with A3, coerced the complainant to meet A1, an educational department official in Thiruvananthapuram. Accordingly, the complainant met A1 on 27-02-2025 at Hotel Town Tower, Thiruvananthapuram and while being there, A1 threatened to withhold the complai
Jurisdiction for anticipatory bail in corruption cases lies with the High Court, not with the Special Judge under the Prevention of Corruption Act.
Anticipatory bail is granted under specific conditions when custodial interrogation is deemed unnecessary following a completed investigation.
Anticipatory bail may be granted in exceptional circumstances in corruption cases, where direct evidence against the accused is lacking, and conditions can mitigate prosecution concerns.
Anticipatory bail in corruption cases requires exceptional circumstances; mere presumption of innocence is insufficient.
Custodial interrogation is essential in corruption cases even if the accused was not present during the act, as liability can extend through intermediaries.
Anticipatory bail can be granted under Section 438 Cr.P.C. when the accused cooperates with the investigation and the allegations do not justify custodial interrogation.
Anticipatory bail under the Prevention of Corruption Act requires clear evidence of false implication or rarity of circumstances, which were not present in this case.
Anticipatory bail requires proof of exceptional circumstances; mere violation of departmental norms does not suffice to overturn strong evidence of corruption and misappropriation.
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