The lack of direct evidence does not invalidate the prosecution's case when circumstantial evidence sufficiently indicates conspiracy and illegal acts by public servants involved in emigration clearances.

ORDER :

A. BADHARUDEEN, J.

Criminal Revision Petition No. 1198 of 2024 has been filed by the 5th accused in C.C. No. 22 of 2016 pending before the Special Judge (SPE/CBI) – I, Ernakulam, challenging the order dated 31.08.2024 in Crl. M.P. No. 104 of 2022, whereby the discharge plea at the instance of the 5th accused was dismissed.

2. Criminal Revision Petition No. 1125 of 2024 has been filed by the 6th accused in the same case, aggrieved by the dismissal of his discharge petition viz Crl. M.P. No. 103 of 2022, also as per the order dated 31st August 2024.

3. Criminal Revision Petition No. 1137 of 2024 has been filed by the 7th accused in the same case, who also is aggrieved by the dismissal of his discharge petition viz Crl. M.P. No. 265 of 2024, by order dated 31st August 2024.

4. Heard the learned counsel for the revision petitioners and the learned Standing Counsel for the Central Bureau of Investigation (CBI) in detail. Perused the orders impugned.

5. The allegations against accused Nos. 5, 6, and 7 as per the charge filed by the CBI are as follows:-

“A1 A.P.Ajeeb, a Public Servant employed in Kerala Police as Civil Police Officer, while working at Cochin International Airport immigration Wing during 2010-11, together with A-4 Shri. MK Babu, Armed Police Sub Inspector of Kerala Police, (Retired), A-6 Shri. A. Shaji, Armed Police Sub Inspector of Kerala Police, A-7 Shri. PT Koshy, Armed Police Sub Inspector of Kerala Police, A-8 Shri. P. Mohanan, Armed Police Sub Inspector of Kerala Police (Retired), who was functioning as Immigration officer at Cochin International Airport Limited, Nedumbassery, Ernakulam, during the same period entered into a criminal conspiracy with A-3 Shri. KM Nazeer Babu @ Shaji Prop. M/s. Air Travel Associates, SNDP Building, Kodungallur, Thrissur, A-9, Shri. CM Sohal, Prop. M/s Mariha Tours & Travels, Narangapuram, Thalassery, Kannur, A-10 Shri. V V Antony Prop. M/s National Air Travels, Thrissur, to issue illegal emigration clearance to passengers proceeding abroad without valid travel documents, by abusing the official position of the public servants employed as counter officers, and to obtain pecuniary advantage for themselves. In pursuance of the said criminal conspiracy, A-3 Shri. KM Nazeer Babu @ Shaji, A-9 Shri. CM Sohal and A-10 Shri. VV Antony forwarded their passengers without valid travel documents to A-1 Shri.AP Ajeeb and he, with the undue influence exerted on his senior officers on counter duty, abusing their official position, cleared the passengers to travel abroad without valid travel documents. In furtherance of the said criminal conspiracy, A-1 collected bribes from the passengers through the travel agents, and the same was deposited in the SB A/c.No. 11640100075688 of Shri. AS Pareeth A-2 held at Federal Bank Kottapady Branch. Shri.AS Pareeth A-2, father of A-1, knowingly allowed A-1 and other accused persons to use his account for depositing illegal gratification to be withdrawn and paid to concerned counter officers, and accordingly, A-1 withdrew the bribe amounts and distributed the bribe amount in cash to the concerned counter officers who illegally cleared the passengers. A-5 Shri. P. Vijayan, Armed Police Sub Inspector of Kerala Police, joined the conspiracy during June 2011 and illegally cleared two passengers, Shri. K Rajesh and Shri. MA Subair, through Trivandrum International Airport, on 13.6.2011, who could not proceed through Cochin Airport on 11.6.2011.

A-3 Shri.KM Nazeer Babu, @ Shaji Prop