Kerala High Court Denies Pre-Arrest Bail in Government Funds Misappropriation Case
Custodial Interrogation Deemed Essential in Rs. 1.14 Crore Corruption Allegations
In a significant judgment, the Kerala High Court on August 27, 2025, denied anticipatory bail to Praveen Raj, a government official accused of misappropriating Rs. 1.14 crores through fraudulent self-employment schemes. The decision, delivered by Justice A. Badharudeen, underscores the necessity for custodial interrogation in corruption cases to ensure thorough investigation.
The case revolves around allegations against Praveen Raj, who, while serving as an Industries Extension Officer, purportedly engaged in a criminal conspiracy to defraud the government. The prosecution claims that Praveen Raj, along with other accused, falsified documents and created fake beneficiary lists to siphon off funds meant for women under the BPL category. The accused allegedly manipulated records, issued subsidies to non-existent beneficiaries, and misappropriated substantial government funds during the financial year 2021-2022.
The petitioner sought anticipatory bail citing his willingness to cooperate with the investigation and arguing that there was no evidence of wrongdoing. His counsel highlighted procedural lapses in his arrest and maintained his innocence, asserting that the alleged actions constituted mere departmental norm violations, not criminal misconduct.
However, the High Court, upon examining the prosecution's materials and reports, found substantial evidence of the petitioner's involvement in the alleged crime. Justice Badharudeen emphasized that anticipatory bail in corruption cases should only be granted under exceptional circumstances, such as false implication or politically motivated charges, none of which were established in this case.
The court also addressed procedural irregularities in a previous interim bail order, which was made absolute by the Special Judge despite finding the arrest illegal. Justice Badharudeen clarified that once an arrest is deemed illegal, the accused should revert to the stage before arrest, without the necessity of executing a bail bond.
The judgment has significant implications for the ongoing investigation, as the court has directed Praveen Raj to surrender to authorities and cooperate with the investigation. The Vigilance and Anti-Corruption Bureau (VACB) has been granted liberty to proceed with custodial interrogation, which is deemed crucial to unraveling the complexities of the case.
This decision marks a stringent stance against corruption, reinforcing the judiciary's commitment to ensuring accountability and transparency in public service.
Bottom Line:
Pre-arrest bail denied in a case involving alleged misappropriation of government funds under the guise of a self-employment scheme, with the court emphasizing the need for custodial interrogation in serious corruption cases.
Statutory provision(s): Prevention of Corruption Act, 1988 Sections 13(2) read with Section 13(1)(a), Indian Penal Code, 1860 Sections 409, 420, 468, 471, 120(B), and 34
Praveen Raj v. State of Kerala, (Kerala) : Law Finder Doc Id # 2769922
