Prima Facie Offence Not Attracted: Kerala High Court Grants Anticipatory Bail To Two Accused In Kerala University Arts Festival Bribery Scandal

The Kerala High Court recently allowed the anticipatory bail application of the two accused in the cheating scandal at the Kerala University Arts Festival, stating that prima facie the offences alleged are not attracted against them.

“On an appreciation of the facts, the rival submissions made across the Bar, the materials placed on record and the findings rendered above, this Court is prima facie of the opinion that the offence attributed against the petitioners may not be attracted. Furthermore, I find that the petitioners' custodial interrogation is unnecessary,” observed Justice CS Dias while allowing the bail application.

The petitioners are accused of offences under Section 406 ( punishment for criminal breach of trust) and 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code.

The complainant, who was the co-ordinator of the festival had alleged that the first accused had awarded higher marks to a lower performing team in furtherance of their common intention to cheat the programme committee and the participating students. The prosecution argued that there exist incriminating materials to establish the petitioners' complicity in the crime and as such, their custodial interrogation is necessary for a proper investigation. 

The court noted that criminal breach of trust under Section 405 requires a person to be entrusted with the dominion of the property which he dishonestly uses in violation of any directions prescribing the mode in which the trust has to be discharged, which is not the case with the petitioners. "In the instant case, it was the organisers of the festival who included the first accused in the panel of Judges, due to his competence, integrity and expertise and made him judge the competition," Court said.

While allowing the application, the court also noted that the petitioners were willing to cooperate with the investigation and abide by any stringent conditions that may be imposed. The court added that the petitioners shall not intimidate witnesses or interfere with the investigation.

Case Citation: 2024 LiveLaw (Ker) 185

Case Title: Jomet and ors. v. State of Kerala and anr.

Case Number: Bail Appl. No. 2192 of 2024

Counsel for Petitioners: Advocates Biju Antony Aloor, KP Prasanth, Haseeb Hassan M, Rebin Vincent Gralan, Asokan KV and Krishnasankar D

Counsel for Respondents: Seetha S, Public Prosecutor

Click here to read/download the order