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TITLE: Amit v. State of Kerala

Decided On: October 9th, 2023

8156 OF 2023

CORAM: Hon’ble Justice Mr Mohammed Nias

INTRODUCTION-

The petitioner is the first person to be charged with crimes under Sections 120B, 406, 419, 420, 465, 468, and 471 of the IPC as well as Sections 66(C) and 66(D) of the IT Act in Cantonment East Police Station, Thiruvananthapuram District.

FACTS OF THE CASE

The prosecution claims that on August 20, 2023, between 10 p.m. and 11 p.m., at St. Joseph School near General Hospital, during the VSSC Technician-B(Fitter) examination, accused Nos. 2 and 3 conspired with the intention of getting A2 a job. As a result, A1 entered the exam hall on behalf of A2 with his hall ticket and other supporting documents and took the test, committing exam fraud.

COURT ANALYSIS AND DECISION

The petitioner was wrongly accused and is innocent, according to the petitioner’s knowledgeable attorney. In any case, he emphasises that the petitioner has been in custody since August 22, 2023, that further incarceration is not necessary, and that the petitioner has no prior criminal history. The petitioner’s knowledgeable attorney claims that the accusations made against him were untrue. He asserts that the petitioner is an Army employee who was on leave and had accompanied a friend who had to take the test. He was arrested while he was resting in the hotel because of a false impression asked to reject the current application The prosecution’s report makes it abundantly clear that the teacher who was on duty for examination supervision in the room where the first accused took the test while posing as the second accused had recognised the defendant. The accused had also been named by the proprietor of the hotel where the petitioner was staying. There is evidence, at the very least prima facie, that the petitioner entered the examination room, took the second accused’s hall ticket and related documents, and took the examination on behalf of the second accused, demonstrating his guilt. Investigations are ongoing into similar crimes reported to the Museum Police Station and the Medical College Police Station, and electronic devices and mobile phones seized from the accused are being sent for scientific analysis. Aside from that, granting bail to the first accused would undoubtedly impede the investigation and aid the other accused in escaping because all the accused in this case need to be identified and apprehended noting the prosecution’s concern that the petitioner, who is from another State, might flee and obstruct the investigation and the case. In these circumstances, for the aforementioned reasons, the court is hesitant to grant the petitioner bail.

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Written by- Steffi Desousa