Thread by @lawbarandbench

The anticipatory bail hearing of Cessy Xavier, who had been exposed for practicing law without an LLB, is set to take place at the Kerala High Court today.
#Keralahighcourt

The Police has registered FIR for offences punishable under
Sections 417, 419 IPC - bailable
Sections 420, 465, 468 - non bailable
#keralahighcourt

The Court had, on August 13, declined to grant her any interim relief until the case could be heard in detail.
Read more @barandbench
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On monday, the Court allowed a member of the Bar Assn ,of which she was an elected office bearer, to be impleaded as an add’l respondent in the case.

The member, Advocate Pramod, has been allowed to oppose Xavier’s bail plea.

barandbench.com/news/litigatio…

Justice Shircy V will be hearing the matter today
Cessy Xavier is represented by Advocate Roy Chacko

#Keralahighcourt

Hearing commences.
Chacko : The FIR only had two bailable offences at first. non bailable were added later.
Our constitution makes special protection for women and children.

Judge : To do any crime?

Judge : Argue on the facts of your matter.

Chacko repeats that only bailable offences under Sections 417 (punishment for cheating) and 419 (punishment for cheating by personation) of Indian Penal Code were registered at first

Chacko reads the charges as mentioned in FIR and the complaint of the Alappuzha based on which the police registered said FIR

Chacko : Subsequently, offences punishable under 420 (cheating and dishonestly inducing delivery of property) was added which is a non bailable offence

Chacko : Supreme Court has held in many judgements that anticipatory bail can denied only if custodial interrogation is absolutely necessary or the crime alleged is a heinous one

Chacko : (reading from SC judgement) a fundamental postulate of criminal jurisprudence is that person is assumed innocent until found guilty

In this case , accused took her friend's roll number with the Bar and due to having great interest in law, she started practining. It was certainly misinformed

Chacko reads from judgement of Justice Kaul of SC
.. Incarceration is not necessary always unless there is apprehension of accused absconding..

Chacko reads from judgement by CJI regarding the provisions of Section 438 of CrPC
Chacko : gives ample indication that when personal liberty is balanced with accusations, judge may be pleased to protect personal liberty of the accused in this case

Adv Namitha appears for Advocate Pramod, the member of the Alappuzha Bar Assn who was previously impleaded.
Namitha : intend to oppose pre arrest bail

Namitha : It is still necessary to know how and from whom she got the fake certificates which she used to enrol with the assn. Otherwise more people might do the same.

Namitha : She was very active in bar assn. She even participated in the felicitation for the elevation of a sessions judge to high court judge

Judge : GP, what is your stance?
GP : nature and gravity of accusation is to be considered when considering provisions of Section 438 (Direction for grant of bail to person apprehending arrest)

GP reads the charges against Xavier.
GP : her actions involves the society at large. She practiced under a senior lawyer. She contested in bar assn elections. She appeared as states brief in cases. This conduct must be considered.

GP : when she was librarian at bar assn, the membership documents of four persons went missing too.
GP : This is not a case for granting anticipatory bail. Custodial interrogation is necessary. we need to know more about how she got the other roll number

Judge: the person to whom the roll number actually belongs, is she practicing
GP :Yes, she is practicing in trivandrum.

Chacko makes submission in reply : Custodial interrogation is not necessary as all the evidence has already been collected and everything else can be collected from courts and the bar assn. this is simply an immature action on the accused's part.

Judge : Taken for disposal.

Hearing ends.