[Fake Lawyer] "You practiced law without LLB but claim no malafide intention?" Kerala High Court refuses to pass order on anticipatory bail plea

The Kerala High Court on Thursday declined to grant any interim relief to a woman who allegedly practiced law in Alappuzha District for over two years without a law degree (Cessy Xavier v. State of Kerala)..Single-judge Justice K Haripal opined that the case needs to be heard in detail for any interim order to be passed. .Justice Haripal also expressed his incredulity at the submission by accused's counsel that she had no malafide intentions. "A person who is not qualified practiced law and you, a lawyer, are saying there is no malafide intention," the judge remarked..The Court was hearing the anticipatory bail application filed by one Cessy Xavier, who having allegedly practiced law for two years without a law degree, had made headlines across the State in July.She was also elected as an officer bearer of Alappuzha Bar Association.Later the Bar Association received an anonymous letter alleging that she had not completed her law degree and that she had not enrolled with the Kerala Bar Council either.After conducting an investigation themselves, the Bar Association had swiftly cancelled her membership..Pursuant to a complaint filed by the Bar Association in the matter, a First Information Report was also registered against Xavier for offences punishable under Sections Sections 417 (punishment for cheating), 419 (punishment for cheating by personation), and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC).Although she had gone into hiding once news reports started surfacing of her alleged deception, she did appear before the Judicial First Class Magistrate Court-I in Alappuzha to surrender.However, as she learned that police had entered the Court premises and that some of the charges registered against her were for non-bailable offences, she fled before the case could be heard.She had moved the High Court seeking anticipatory bail by way of the present plea..Advocate Roy Chacko, appearing for Xavier, contended that it is due to financial constraints that she couldn't complete her law degree and that she instead worked as an intern at a law office. Further, he submitted that Xavier and her family have already been shunned by colleagues, neighbours and society at large as news reports maligning her name have been widely circulated. .He argued that the offence under Section 420 (cheating and dishonestly inducing delivery of property) of IPC, which is a non bailable offence, has only been added to intimidate her further and that it wouldn't hold upon further investigation..However, Senior Government Pleader Neema TV informed the court that offences punishable under Sections 465 (punishment for forgery) and 468 (forgery for the purpose of cheating) have also been added to the charges against Xavier which are both non bailable offences. .A member of the Alappuzha Bar Association, Advocate Pramod, informed the Court that he has filed an application for impleadment. According to him Xavier worked closely with influential members of the legal fraternity and that several members of the Association have been threatened into silence due to political pressure. .Chacko opposed the impleadment application and submitted that he shall file a counter affidavit in that regard by the date of next hearing. He reiterated that custodial interrogation is unnecessary in this matter and pressed for interim anticipatory bail. The Court, however, refused to pass any order. .The case will be heard next on August 31, 2021