IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4047 of 2007()
1. DR. S.BABU SUNDAR,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE ASSISTANT COMMISSIONER OF POLICE,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.S.RADHAKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :12/07/2007
O R D E R
R. BASANT, J.
-------------------------------------------------
B.A. NOs. 4047 & 4054 OF 2007
-------------------------------------------------
Dated this the 12th day of July, 2007
ORDER
Applications for anticipatory bail. The petitioners are a
former Controller of Examinations and an Examiner with whom
the work of revaluation was entrusted by the University. The
crux of the allegations is that there has been fraudulent
manipulations in the revaluation of answer scripts to oblige
certain candidates who off springs of influential persons. It is
alleged that the Controller of Examinations with deliberate
design, contrary to the Rules, forwarded the answer scripts for
revaluation to the persons not included in the panel with
fraudulent intention. It is further alleged that the answers
concerned were altered and manipulated to facilitate award of
convenient marks to the candidates. One more Examiner
faces similar allegations in the crime. That Examiner has
already been questioned. She has not been arrested.
B.A. NOs. 4047 & 4054 OF 2007 -: 2 :-
2. The learned counsel for the petitioners submit that the
petitioners are absolutely innocent and that the allegations are
raised against them without any bona fide. They apprehend
imminent arrest.
3. The learned Public Prosecutor, after taking instructions,
submits that the Investigator has no intention of immediately
arresting the petitioners at all. As in the case of the other
Examiner, the petitioners will have to be questioned. The
Investigator will take a decision on the question whether they
are to be arrested or not only after obtaining the report from the
handwriting expert of the Forensic Science Laboratory. Till
then, the petitioners shall not be arrested, it is submitted. It is
further submitted that the petitioners may be directed to co-
operate with the Investigators for the early completion of the
investigation in the matter. The learned counsel for both the
petitioners submit that the petitioners shall co-operate with the
Investigators. They shall appear before the Investigating
Officers as and when directed by the Investigating Officer in
writing to do so for examination/ interrogation, it is
submitted.
4. In these circumstances, I am satisfied that it is not
B.A. NOs. 4047 & 4054 OF 2007 -: 3 :-
necessary to issue any directions under Sec.438 of the
Cr.P.C. now. I accept the submissions of the learned Public
Prosecutor that the petitioners shall not be arrested until
the report is obtained from the expert of the Forensic
Science Laboratory. When they are required to be arrested
also, notice shall be issued to them specifying the purpose.
5. These petitions are, in these circumstances,
dismissed with the direction that the petitioners shall make
themselves available for interrogation before the
Investigating Officer as and when directed by the
Investigating Officer in writing to do so.
6. Hand over a copy of this order to the learned counsel for
the petitioners.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
B.A. NOs. 4047 & 4054 OF 2007 -: 4 :-