The integrity of examinations must be maintained, and custodial interrogation is justified when serious allegations of question paper leakage arise.

ORDER :

P.V.KUNHIKRISHNAN, J.

Examinations are like puzzles. Sometimes, you get stuck, but with persistence and patience, you can figure it out. Examinations are also a nostalgic remembrance of school and college days. Preparing for an examination, going to the examination hall with excitement, enthusiasm and ofcourse with some stress, waiting for the question paper in the examination hall till the bell rings and getting the question papers and after reading it, when there are questions which can be easily answered, the goosebumps of happiness coming etc are the good memories of everyone.

2. Therefore, the conduct of examinations should be fair and transparent. The sanctity of examination refers to the importance of maintaining the integrity, fairness and authenticity of the examination process. It involves upholding the highest standards of honesty, transparency and accountability to ensure that examinations are conducted in a manner that is trustworthy, reliable and valid. If there is any leakage of question papers to the benefit of any section of students, it is nothing but cheating of the other section of the students who worked hard day and night preparing for the examination. Leakage of a question paper can have a significant effect on the examination process, candidates and the education department conducting the examination. It will lead to the loss of credibility to the Education Department, anxiety and stress to the student community and unfair advantage to candidates who have access to the leaked question papers. Leakage of question papers is a clear case of cheating against the student community who studied well and came to the examination hall to write their examinations with a ‘finger cross'. Therefore, the sanctity of examination is to be maintained in the education system.

3. The allegation in this case is that there was leakage of the question paper. The Commissioner of Examinations and Director of General Education Department wrote a letter to the Crime Branch Head Quarters alleging that the questions in the question papers of the Second Terminal Examination of 2023 and of the First and Second Terminal examination in 2024 were released in the YouTube channel of ‘MS Solutions’ owned by a person named Shuhaib, a native of Koduvally, hours before the start of the examination under the name ‘question prediction’. It is further stated that these questions were predicted by the said person, who is a Chemistry Teacher, by leaking the question paper. Videos of questions being released in this way before the examination of all subjects are seen on this channel, and all these questions appeared in the examination is the complaint. Hence, the authority demanded an investigation into this matter. As per the direction of the State Police Chief, a preliminary inquiry was conducted by a special team headed by the Dy.S.P. Crime Branch under the direct supervision of Superintendent of Police, Crime Branch, Kozhikode and Wayanad. In the preliminary report, it was recommended to register a case in the State Crime Branch Unit.

4. Accordingly, the Additional Director General of Police, Crime Branch Headquarters, Thiruvananthapuram, granted permission to register a crime in the Crime Branch Police Station and entrusted the investigation of the case to the Dy. S.P. II, Crime Branch, Kozhikode Unit. Accordingly, Crime No.2097/2024 was registered by the Crime Branch Police Station alleging offences punishable under Sections 316 (2), 316(3), 316(5), 318(2), 318(4), 61(2)(a) and 3(5) of the Bharatiya Nyaya Sanhita ( BNS ),2023. The petitioner herein is arrayed as 1^st accused in the above case. The petitioner apprehends arrest. Hence, this Bail Application is filed.

5. Heard Adv. S