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2021 Supreme(Ker) 1081

R.NARAYANA PISHARADI
S. Pradeep Kumar – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Paul Jacob (P), Enoch David Simon Joel, Rony Jose, George A. Cherian, Leo Lukose, Suzanne Kurian and Amal Amir Ali, Advs.
For the Respondents: Government Pleader

ORDER :

R. Narayana Pisharadi, J.

1. The revision petitioner is the second accused in the case C.C. No. 15/2013 pending in the Court of the Enquiry Commissioner & Special Judge, Thiruvananthapuram.

2. The offences alleged against the accused in the case are under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and under Sections 420, 468 and 471 read with 34 IPC and under Section 120B IPC.

3. The first accused was the Branch Manager of the Kerala State Co-operative Bank, Medical College Branch, Thiruvananthapuram (for short 'the Bank') during the period from 1.9.2004 to 25.2.2006. The prosecution case relates to a transaction in which an amount of twenty-five lakhs rupees was granted to the second accused as loan from the Bank.

4. The prosecution case against the accused, as stated in the final report filed by the Dy. S.P., Vigilance and Anti-Corruption Bureau (VACB), is as follows:

    "That A-1 being the Branch Manager of Kerala State Co-operative bank, Medical College Branch, Thiruvananthapuram from 01.09.2004 to 25.02.2006 and as such being a public servant entrusted with the day to day transactions, proper maintenance and upkeeping of records ensuring

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