ORDER :

The petitioners are the first and the second accused in the case C.C.No.10/2011 pending in the Court of the Special Judge (SPE/CBI), Thiruvananthapuram.

2. The offences alleged against the petitioners in the above case are punishable under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and also under Sections 420 and 120B of the Indian Penal Code.

3. The first accused was the Chief Engineer (Constructions) in the Southern Railway, Thiruvananthapuram during the period 2004-2006. He was responsible for planning and execution of civil projects, finalisation of alignments, approval of the working plan and also for calling tenders and awarding them. It is alleged that the first accused was competent to accept tenders for an amount varying between forty lakhs to five crores rupees.

4. The second accused was a Civil Contractor. He was the person who was awarded the execution of earth work in connection with the gauge conversion of railway line between Quilon and Tenkasi.

5. The prosecution case, in short, is as follows:

The first and the second accused entered into a criminal conspiracy in respect of awarding the earth work mentioned ear