'Court Must Ensure No Corrupt Person Gets Liberal Relief': Kerala HC Denies Anticipatory Bail To Doctor Accused Of Forging Degree
K. Salma Jennath
26 July 2025 11:00 AM IST
The Kerala High Court has denied anticipatory bail to a lady doctor, who was accused of forging her Post-Graduation diploma certificate and obtaining registration from the Travancore Cochin Medical Council using the forged certificate.
“…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,” Justice A Badharudeen said.
The accused had worked as a Junior Consultant (O&G) at Cherthala Taluk Hospital and Karunagappally Headquarters Hospital from 2011 onwards. According to the allegations made out against the accused, she had forged a PG Degree certificate as that of Maharashtra University of Health Science, Nasik, after failing to pass the examination. Later, on the basis of the forged certificate, she opted for a speciality cadre at the aforesaid hospitals.
Case was registered against her for offences under Sections 417 [Punishment for cheating], 465 [Punishment for forgery], 468 [Forgery for purpose of cheating] and 471 [Using as genuine a forged document or electronic record] of the Indian Penal Code and under Sections 13(2) read with 13(1)(a) [Criminal Misconduct] of the Prevention of Corruption Act, 1988.
The accused tried to make out a case that the certificate was forged by her husband, and their relationship became strained, he went and filed a fake complaint of forgery. It was submitted that she came to know about the fact that she failed in the exam only after the registration of the case.
The prosecutors, however, submitted that the allegations against the accused are serious. They also mentioned a complaint made out by a couple, who stated that their infant died during childbirth, allegedly due to the medical negligence of the accused doctor. Thus, the bail was vehemently opposed, stating that the accused would tamper with the digital evidence relied on by the prosecution.
The Court refused to believe the version of the accused that she was unaware of the fact that she had not passed the examination. Finding that there was a prima facie case made out against her, the application for anticipatory bail was dismissed.
It also directed the accused to surrender before the Investigating Officer.
Case No: Bail Appl. No. 7852 of 2025
Case Title: Seema T.S. v. State of Kerala and Anr.
Citation: 2025 LiveLaw (Ker) 452
Counsel for the petitioner: S. Rajeev, V. Vinay, M.S. Aneer, Anilkumar C.R., Sarath K.P., K.S. Kiran Krishnan, Dipa V., Akash Cherian Thomas
Counsel for the respondents: Special Public Prosecutor VACB – Rajesh A., Sr. PP VACB – Rekha S.