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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Prince S/o Jose – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. overview of pre-arrest bail application and allegations. (Para 1 , 3) |
| 2. court's consideration of arguments from both sides regarding bail. (Para 2) |
| 3. arguments regarding innocence and need for investigation. (Para 4 , 5) |
| 4. analysis of demands for bribes and necessity of interrogation. (Para 6 , 7) |
| 5. clarification of jurisdiction regarding anticipatory bail applications. (Para 8) |
| 6. conditions and order regarding anticipatory bail granted. (Para 9) |
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
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.
The court grants anticipatory bail under specified conditions, citing lack of opposition from prosecution and need for cooperation in ongoing investigations.
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 in cases of grave socioeconomic offenses, such as large-scale financial misappropriation, is not permissible when custodial interrogation is essential for investigation and no subst....
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.
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