Kerala High Court: In a bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (‘BNSS’), 2023 by an accused charged with leaking State Board Class 10 question papers through a YouTube channel, a Single Judge Bench of Bechu Kurian Thomas,J. taking into account the nature and gravity of the allegations, particularly that question papers of three subjects were allegedly leaked on the eve of the public examination through a YouTube channel, held that the accused was not entitled to the protection of anticipatory bail.
Background
The petitioner was arrayed as the 5th accused in the FIR registered for offences punishable under Sections 316(2), 316(3), 316(5), 318(2), 318(4), 61(2)(a), 112(1)(2), and 283 read with Section 3(5) of the Bharatiya Nyaya Sanhita (‘BNS’), 2023.
According to the prosecution, the accused had, on the eve of the public examinations, unlawfully leaked the question papers of the 1st and 2nd term examinations pertaining to English and Social Science of the 10th Standard, and Mathematics of Plus One, through a private YouTube channel named “M.S. Solutions,” and thereby committed the offences alleged against them.
The accused submitted that the entire prosecution case was false and that the incident, as alleged, had not occurred. It was contended that the accused was not involved in the alleged crime and being merely a peon at the school, had no access whatsoever to any of the question papers. The accused further submitted that he was willing to comply with any conditions that might be imposed by this Hon’ble Court while considering the grant of bail, and that he was also ready to appear before the Investigating Officer as and when a notice under Section 35(3) of the BNS, 2023, was issued.
On the other hand, the Public Prosecutor opposed the bail application, submitting that the allegations were of a serious nature. It was contended that the accused was not a peon, but a Mathematics Teacher, who had been conducting Mathematics classes for students through a YouTube channel named ‘M/s. Solutions’. It was further submitted that the offences alleged included those punishable with imprisonment for life, and therefore, considering the gravity of the allegations, custodial interrogation of the accused was necessary.
Analysis and Decision
Considering the seriousness of the allegations against the accused, the Court viewed that custodial interrogation was necessary.
Taking into account the nature and gravity of the allegations, particularly that the question papers of three subjects were allegedly leaked on the eve of the public examination, and that too through a YouTube channel, the Court held that the accused was not entitled to the protection of anticipatory bail.
However, the Court further directed that, in the event the accused surrenders before the Investigating Officer on 18-07-2025, and if, after interrogation, the accused is arrested, he shall be produced before the jurisdictional Magistrate on the very same day. In such a scenario, if any bail application is filed, it shall be considered strictly in accordance with the law.
Accordingly, the bail application was dismissed.
Also Read: Kerala High Court grants bail to MS Solutions founder Shuhaib in class 10 question paper leak case
[Zainul Abideen Karumbil v. State of Kerala, Bail Appl. No. 7353 of 2025, decided on 10-07-2025]
Advocates who appeared in this case :
For Petitioner: S.RAJEEV, V.VINAY, M.S.ANEER, SARATH K.P., ANILKUMAR C.R., K.S.KIRAN KRISHNAN, DIPA V., AKASH CHERIAN THOMAS
For Respondent: PRASANTH M.P., PP
