[Health Department Job Fraud Case] Kerala High Court Dismisses Anticipatory Bail Plea, Says Custodial Interrogation Necessary

A single judge bench of Justice CS Dias stated that “particularly taking note of the financial transaction between the victim and the petitioner, the criminal antecedents of the petitioner and the first accused, that the investigation of the case is only at its preliminary stage, that the custodial interrogation of the petitioner is necessary and recovery is to be effected, I am of the definite view that the petitioner is not entitled to an order of pre-arrest bail”.

The petitioner, Lenin Raj AK, is the second accused in the health department job fraud case who had been booked under charges of fraud and impersonation. Primary investigation had revealed that Akhil Sajeev impersonated Akhil Mathew (personal assistant to Kerala Health Minister) to swindle substantial amounts of money from Haridas (victim) and that Sajeev's friend Lenin Raj (petitioner) took Rs 50,000 from him.

Counsel for the petitioner argued that the petitioner had been falsely implicated and aside from receiving money towards his remuneration as a lawyer, there were no other overt acts attributed to him in this matter. In response, the prosecution referred to their history as there is already another case registered against the petitioner. They added that there is a likelihood of the petitioner tampering with the witnesses and affecting the investigation if he is released on bail.

The High Court referred to the decision in Jai Prakash Singh v. State of Bihar and Anr. to quote that “an order of pre-arrest bail being an extra ordinary privilege, should be granted only in exceptional cases.”

Counsel for Petitoners: Advocate TH Aravind

Counsel for Respondents: Advocate PP Neema

Case Title: Lenin Raj AK v. State of Kerala & anr.

Case Number: Bail Appl. No. 10316 of 2023

Citation: 2024 LiveLaw (Ker) 77