Corruption Would Destroy Genuine Right Of Citizens: Kerala High Court Denies Anticipatory Bail To Doctor Accused Of Forging PG Degree

The Kerala High Court observed that it is the duty of the court to ensure in corruption cases that none of the corrupt persons should get liberal relief. The Court also emphasised that the menace of corruption in the society, would carve out and destroy the development of the nation and the genuine right of the citizens.

The Senior Superintendent, Directorate of Health Services, Thiruvananthapuram complained to Police regarding accused-doctor's forged PG Degree Certificate, who also obtained registration from the Travancore Cochin Medical Council.

The Bench of Justice A. Badharudeen observed, “While addressing the question as to whether the petitioner deserves anticipatory bail, it is relevant to refer the menace of corruption in the society, which would carve out and destroy the development of the nation and also destroy the genuine right of the citizens on the midst of corruption…Thus, it is the duty of the court to ensure, in corruption cases in particular that, none of the corrupt person, should get liberal relief, so as to perpetuate corruption, taking such cases in a light manner.”

Advocate S. Rajeev represented the Petitioner, while Advocate Rajesh A. represented the Respondents.

Case Brief

The accused-doctor sought anticipatory bail as she has been accused of offences under Sections 417, 465, 468 and 471 of the Indian Penal Code and Sections 13(2) read with 13(1)(a) of the Prevention of Corruption Act, 1988.

The accused-doctor was accused of intention to cheat and defraud the Government and the public in general, by forging a PG Degree. Later, on the basis of the said forged certificate, she worked as Junior Consultant (O & G) at both Cherthala Taluk Hospital and Karunagappally Headquarters Hospital from 2011 onwards.

However, the accused-doctor contended that she was not aware of the fact that her PG Certificates were forged as her husband entrusted the the said certificate to her, making her believe that the same was genuine and later when the marital relationship between them became strained, the husband filed fake complaint alleging forgery of certificate.

The accused-doctor submitted that it was only on the registration of this case, she came to know about the fact that she did not pass the examination and thereafter she appeared for the examination and passed the examination and she was issued a certificate for the same.

A complaint was also made by a couple who tragically lost their infant to neonatal death during childbirth, allegedly due to medical negligence by the accused-doctor.

While the Respondents contended that the accused-doctor with deliberate intention to deceive both the public and Government, aiming to secure a position in the Specialty Cadre and to get unlawful gain, forged and used PG Diploma Certificate in Obstetrics and Gynecology from the Maharashtra University of Health Sciences.

Court’s Analysis

Upon hearing the submissions of the parties, the Kerala High Court emphasised on the “menace of corruption in the society.” The Court was of the opinion that it was the duty of the court to ensure, in corruption cases, none of the corrupt persons should get liberal relief.

Further, the Court rejected the contention of the accused-doctor that she was unaware of her results and remarked, “But, this submission could not be accepted with pinch of salt. That is to say, every person, who writes an examination, having anxiety to know the result of the same, would ensure the result, either in positive or in the negative…Despite knowing the result that the petitioner did not pass the examination, she somehow forged certificate to the effect that she had passed PG Diploma Course in Obstetrics and Gynecology from Maharashtra University of Health Sciences and the same was used as genuine and thereafter, the petitioner worked in two Government Hospitals to treat poor people.”

Thus, the Court opined that the arrest and custodial interrogation of the accused-doctor were necessary for obtaining requisite evidence and also to avoid tampering of digital evidence relied upon by the prosecution.

“In such view of the matter, the petitioner could not be released on anticipatory bail, in a serious case of this nature. Thus, the bail application would necessarily fail”, the Court added.

Accordingly, the bail application was dismissed.

Cause Title: Seema T.S. V. State of Kerala (Neutral Citation: 2025:KER:53941)

Appearance:

Petitioner: Advocates Sri.S.Rajeev, Sri.V.Vinay, Sri.M.S.Aneer, Shri.Anilkumar C.R, Shri.Sarath K.P, Shri.K.S.Kiran Krishnan, Smt.Dipa V, Shri.Akash Cherian Thomas

Respondents: SPL PP VACB - Rajesh .A, SRPP VACB - Rekha .S

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