Kerala High Court Grants Anticipatory Bail in Disproportionate Assets Case of Assistant Prison Officer Under BNSS, 2023.

Headnote:

The Kerala High Court granted anticipatory bail to Shiraz Basheer, the sole accused in Crime No. Q9/2025/SCE of the Vigilance and Anti-Corruption Bureau (VACB), Ernakulam, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The petitioner, an Assistant Prison Officer, was alleged to have amassed Rs. 76,09,529/-, which was disproportionate to his known income, during June 2025. The Court allowed bail on strict conditions, emphasizing the petitioner’s cooperation with investigation, appearance before the Investigating Officer for recording statements, and non-interference with the investigation. The decision balanced the need for custodial interrogation with the petitioner’s right to anticipatory bail.

Background:

The petitioner, Shiraz Basheer (36 years), son of Muhammed Abdul Bhari, residing at Kochu Kadavanthra, Ernakulam, filed Bail Application No. 12634 of 2025 seeking anticipatory bail in connection with Crime No. Q9/2025/SCE registered by the VACB, Ernakulam.

The investigation revealed that during the period 01.06.2025 to 27.06.2025, the petitioner, while serving as Assistant Prison Officer, allegedly amassed wealth of Rs. 76,09,529/-, exceeding 65.03% of his known lawful income, without providing a satisfactory explanation. Prior to this case, the petitioner had been suspended in another vigilance-related matter alleging involvement in the supply of narcotic substances to inmates.

The petitioner claimed medical reasons prevented earlier cooperation and submitted his willingness to appear and cooperate fully with the investigation. The VACB opposed the bail application citing prima facie disproportionate assets and the petitioner’s absconding tendencies, noting that recording his statement was essential for the investigation.

Court Opinion / Judgment:

1. The petitioner’s alleged accumulation of disproportionate assets warranted custodial interrogation.
2. Effective investigation could be facilitated by allowing the petitioner to appear before the Investigating Officer for statement recording and cooperation.

The Court allowed anticipatory bail with conditions:

1. The petitioner shall surrender to the Investigating Officer on 16, 17, and 18 October 2025 from 10:00 a.m. to 3:00 p.m. for recording his statement. The Investigating Officer may require his presence on additional days if necessary.
2. Upon arrest, the petitioner shall be produced before the Jurisdictional Court, which shall release him on bail by executing a bond of Rs. 50,000/- along with two sureties of the same amount.
3. The petitioner must cooperate fully with the investigation, appear as directed, and not interfere with evidence, witnesses, or the investigative process.
4. The petitioner shall not commit any offence during the currency of bail.
5. Any violation of conditions would justify cancellation of bail by the trial court or this Court.

Legal Provisions Concerned:

1. Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482: Inherent powers of the High Court.
2. Prevention of Corruption Act, 1988 —

Section 13(1)(b) & 13(1)(e): Criminal misconduct by public servants.

Section 13(2): Punishment for criminal misconduct.

Case Details:

Case Name: Shiraz Basheer v. State of Kerala

Court: High Court of Kerala at Ernakulam

Case No.: Bail Application No. 12634 of 2025

Neutral Citation: 2025:KER:75261

Coram: Hon’ble Justice A. BadharuDeen

Crime No.: Q9/2025/SCE of VACB, Ernakulam

Offences: Sections 13(2) read with 13(1)(b) & 13(1)(e), Prevention of Corruption Act, 1988

Outcome: Anticipatory Bail Granted with Strict Conditions