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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
M.S. Rejikumar – Appellant
Versus
Central Bureau Of Investigation Represented By The Deputy Superintendent, Cbi/Spe/Tvm – Respondent
| Table of Content |
|---|
| 1. overview of emigration document manipulation and allegations. (Para 3 , 4 , 5 , 6) |
| 2. arguments regarding the nature of the visa and the petitioner's actions. (Para 7 , 8) |
| 3. court's analysis of prior rulings and evidence considerations. (Para 9 , 10 , 11 , 12 , 13) |
| 4. final ruling on the necessity of trial for factual determination. (Para 14) |
ORDER :
The 5th accused in C.C.No.21/2016 on the files of the Special Court (SPE/CBI)-I, Ernakulam, has filed this criminal revision petition under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘ BNSS ’ for short), challenging order dated 06.02.2025 in Crl.M.P.No. 374/2024 in the above case, whereby the plea of discharge at the instance of the revision petitioner was disallowed by the Special Court.
3. The prosecution case, as could be read out from the records, in a nutshell reads as under:
4. On investigation, it has been revealed that there existed organized collection of money by travel agents from passengers, especially those from weaker sections of the society, in the pretext of facilitating their emigration clearance. A share of this money was being paid to public servants
The court ruled that the distinction between tourist and employment visas is a factual matter for trial, affirming the special court's denial of discharge.
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 cleara....
Discharge from criminal charges requires more than mere suspicion; a prima facie case must be established through credible evidence linking the accused to the alleged offenses.
The necessity of establishing only a prima facie case for framing charges in conspiracy cases, allowing for prosecution to proceed based on suspicion rather than conclusive proof.
Discharge in corruption cases requires evaluating whether allegations present sufficient grounds for trial, relying on circumstantial evidence when direct proof is unavailable.
The court allows renewal of passports for accused under conditions of trial cooperation and potential employment.
Framing of charges can occur in the absence of the accused, provided proper legal representation is present, ensuring no violation of the accused's rights.
The court held that the risk of flight must be objectively assessed based on the petitioner's conduct and history of compliance, not solely on allegations of economic offences.
The court emphasized the necessity for prima facie evidence to proceed with a trial, underscoring that discharge petitions cannot be granted based solely on the weakness of co-accused confessions.
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