Kerala HC denies pre-arrest bail to women pretending to be a lawyer

Kerala HC denies pre-arrest bail to women pretending to be a lawyer

The Kerala HC On Friday refused to grant pre-arrest bail to Sessy Xavier, who had recently made the headlines for pretending to be an advocate for two years without having the essential qualifications. While dismissing the anticipatory bail application, Justice Shircy V ordered the applicant to immediately surrender before the authorities and co-operate with the investigation.

Sessy Xavier caught the eye of the state after being able to practice as an advocate after getting enrolled with the state bar council without even having an LL.B Degree.

During her practice period, she had appeared in court in several matters on numerous occasions, as evidenced by various newspaper reports. It has also been revealed that she was appointed as an Advocate Commissioner in a few cases. Reports also indicate that she ran for the Bar Association election this year and got elected as the Librarian.

The scam was revealed after the Bar Association received an anonymous letter on July 15 alleging that Xavier did not have an LL.B degree or an enrollment certificate.

 The authorities of the Bar Association, on enquiring with the Kerala Bar Council were shocked to learn that the enrollment number provided to them belonged to another advocate currently practising at Tiruvananthapuram.

The Police registered the case on a complaint lodged by Abhilash Soman – Alappuzha Bar Association Secretary, alleging that she did not have the required qualifications and that she had submitted a fake roll number of the Kerala Bar Council to the association.

The situation changed dramatically when she tried to surrender before the Magistrate in Alappuzha, where she thought she would be released on bail. However, when she realized that she had been charged with non-bailable offences, she fled the court.

Initially, the FIR registered against Xavier charged her under sections 419 (punishment for cheating by personation) and 417 (punishment for cheating) of the IPC, both of which are bailable offenses. She was further charged under section 420 (cheating and dishonestly inducing delivery of property), which are non-bailable offences.

Sessy Xavier had pleaded for anticipatory bail before the court. Meanwhile, the members of the Alappuzha Bar Association had decided not to appear for her before the court.

At the time of the trial, the applicant had stated that the whole matter was only a misunderstanding and there was no real malafide motive on her part.

When Advocate Roy Chacko who was appearing for the applicant, while making his submissions, was referring to his client as an Advocate. Angered by which, the Court said,

 “Don’t call her an advocate. She’s not a lawyer. Don’t use that term again in your submissions.

Ayushi Dubey
Hi, I'm Ayushi Dubey, a first-year LLB student from Kishinchand Chellaram Law College, Mumbai University. The knowledge of law can help a person uphold his rights and dignity. Law also helps in uplifting the society and making it a better place. Along with these reasons the nobility of law as a profession made me pursue it. I have a keen interest in constitutional and criminal law and I'm always open to learning new things and making the most of the opportunities that come my way.