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2025 Supreme(Ker) 463

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G. AJITHKUMAR, J
K.S. Ramankutty – Appellant
Versus
CBI/SPE Kochi-17 Rep.by Its Public Pro – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADVS. SRI.T.V.GEORGE SRI.JIMMY GEORGE THADATHIL
For the Respondent: BY ADV SREELAL WARRIAR, SC, CBI

JUDGMENT :

These appeals arose on the judgment dated 06.11.2009 of the Court of Special Judge (SPE/CBI)-I, Ernakulam. Out of the six accused, who faced trial, accused Nos.2 to 5 were convicted; while accused Nos.1 and 6 were acquitted. Accused Nos.2 and 3 together filed Crl.Appeal No.2545 of 2009, accused No.4 filed Crl.Appeal No.2544 of 2009 and accused No.5 filed Crl.Appeal No.2581 of 2009. Since the issues involved in these appeals are common, these appeals are disposed of by this common judgment.

2. There were two sets of allegations. The first set pertaining to accused No.6 and owing to his acquittal, the facts concerning that matter need not require mention. The accusation against accused Nos.2 to 5, which requires mention are the following:

Accused No.1 was the Manager of Kottayam Branch of State Bank of India (SBI) and as such a public servant. He together with accused Nos.2 to 5 hatched a conspiracy for misappropriating money by cheating the SBI. In furtherance of that conspiracy, accused No.3 presented six discounting draft bills (DD bills) together with forged lorry receipts and other documents on 23.03.1998 in the Bank. He submitted three more such discount draft bills alo

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