IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 5270 of 2011 CRIME NO.183 OF 2011 OF ERAVIPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONER/ACCUSED NO.9: ------------------------------------------------ RAVI, S/O. LAZAR, AGED 41, ANCHU BHAVAN, KANJIRAMKULAM, VENKULAM. BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON 04/10/2011, PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5270 OF 2011 ------------------------------------------------------ Dated this the 4th day of October, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, filed by accused No. 9 in Crime No. 183 of 2011 of Eravipuram Police Station. 2. The offences alleged against the accused are under Sections 406, 409, 417, 419, 420, 468, 201 read with Section 34 of the Indian Penal Code and Section 66 of the Information Technology Act. 3. The gist of the prosecution case is the following: Large scale manipulations were made at the examination conducted by the Kerala Public Service Commission (hereinafter referred to KPSC) for the selection of last grade servants in various departments in Thiruvananthapuram District. The question paper and OMR answer sheet were supplied to the candidates appearing for the examination. There were 100 questions for the examination. The first accused Prakash Lal alias Mobile Prakash, a junior Superintendent in the Industries Department, with the help of his associates provided answers to the BAIL APPL. NO.5270 OF 2011 :: 2 :: candidates who had paid money to Prakash Lal. Rs. 5,000/- to 10,000/- was collected by him as advance and cheque for Rs. Two lakh was collected from each candidate to whom answers were provided. A conspiracy took place among accused Nos. 1 to 6 about the implementation of the criminal activities. Accused No. 2 (Sunil Das) was engaged to enter into the examination hall at Karuvaram Vocational Higher Secondary Schoool, impersonating himself as a candidate. After the question paper was supplied, accused No. 2 threw that question paper through the window, which was collected by accused No. 4 (Adarsh alias Noble). Accused Nos. 1, 3, 5 and 6 who were waiting outside found out the answers for the questions and provided the answers to the needy candidates through their mobile phones. The candidates concerned were trained by accused No. 1 as to how the mobile phones were to be used at the examination hall. Accused No. 5 Najam had engaged accused No. 1 to provide answers to accused No. 8, a friend of Najam. Accused No. 7 (Shibu alias Kuttan) and accused No. 10 (Anusha Ravi- wife of the petitioner) were also the beneficiaries of getting the answers through mobile phones. 4. The prosecution alleges that Accused No. 11 (Sajikumar) is a close friend of Accused No. 1 Prakash Lal. Sajikumar knew the Petitioner (Ravi) and his wife Anusha Ravi. Sajikumar introduced the petitioner to BAIL APPL. NO.5270 OF 2011 :: 3 :: Prakash Lal and the deal was fixed. As per the agreement, answers were provided over mobile phone to Anusha Ravi (accused No. 11- wife of Ravi) while she was in the examination hall. 5. The prosecution case is that Prakash Lal alias Mobile Prakash has been indulging in similar criminal activities in respect of the examinations conducted by KPSC for the last few years. 6. The allegations levelled against the accused are grave in nature. Thousands of unemployed persons appear for the examinations conducted by the KPSC. The unemployed candidates dream for a Government job. If the examinations are not held properly and if a few persons who indulge in criminal activities secure the jobs, it would affect a large number of unemployed youth. The expectations and aspirations of the unemployed persons would vanish. The credibility of the examinations conducted by KPSC also would be doubted. In short, the alleged criminal activities would not only affect a few individuals, but it would affect the entire unemployed youth. More and more people would resort to such criminal activities and any examination for selection of candidates for Government jobs would be a farce. It is necessary to curb all such illegal activities. The case on hand is a typical instance of misuse of technological development for committing crime. Effective BAIL APPL. NO.5270 OF 2011 :: 4 :: methods should be adopted by the KPSC and the Government to combat such illegalities in the conduct of competitive examinations. 7. In a case of this nature, I am of the view that the discretionary relief under Section 438 of the Code of Criminal Procedure cannot be granted. Custodial interrogation of the petitioner is required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/