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2017 Supreme(Ker) 714

P.UBAID
C. K. Sathyanathan S/o Raghavan Nair – Appellant
Versus
State of Kerala Represented By The Public Prosecutor, High Court of Ekrala – Respondent


Advocates Appeared:
For the Petitioner:Sri. K. Ramakumar, Senior Advocate, S.M. Prasanth, K.T. Shyamkumar, Asha Babu and G.Renjith, Advocates
For the Respondent:P. Chandasekhara Pillai, Advocate

ORDER :

P. Ubaid, J.

1. The petitioners herein are the accused Nos. 1 and 2 in C.C. No. 14 of 2009 of the Special Court (SPE/CBI)-I, Ernakulam, involving the offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC' Act), and also the offences under Sections 120B and 420 of the Indian Penal Code. The offence under Section 120B of IPC is seen alleged against all the four accused. The accused Nos. 1 to 3 are public servants and the 4th accused is a non-public servant. Some vicious act, involving monetary elements amounting to misconduct as defined under Section 13(1)(d) of the PC Act in the matter of a bank loan transaction, is the subject matter of the prosecution. The 4th accused is the person to whom loan was sanctioned. The accused Nos. 1 to 3 are respectively the Chief Manager, the Manager and the Senior Manager of the Indian Overseas Bank, MG Road Branch. After thorough investigation, the Central Bureau of Investigation (CBI) submitted final report in the court below against four accused after obtaining necessary sanction to prosecute the accused Nos. 1 to 3, under Section 19 of the PC Act. Pending the pr














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