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2021 Supreme(Ker) 1093

R.NARAYANA PISHARADI
K. M. Philip – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Nandagopal S. Kurup, Adv.
For the Respondents: A. Rajesh, Spl. PP

ORDER :

R. Narayana Pisharadi, J.

1. The petitioners are the second and the fourth accused in the case C.C. No. 28/2016 pending in the Court of the Enquiry Commissioner and Special Judge, Thalassery.

2. The offences alleged against the accused in the case are punishable under Sections 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and also under Sections 468, 471 and 120B of the Indian Penal Code.

3. There are altogether eleven accused in the case. At the time of commission of the alleged offences, accused 1 to 4 were the President, Secretary, Assistant Secretary and the Chief Accountant of the Thadikkadavu Service Co-operative Bank (hereinafter referred to as 'the Bank'). Accused 5 to 8 were Agricultural Officers. Accused 9 to 11 were copra traders.

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

    "The charge against the accused is that A2 to A4 while working as Secretary, Assistant Secretary and Chief Accountant of Thadikkadavu Service Cooperative Bank, respectively, being public servants abused their official

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