Attesting a declaration under false pretenses can implicate a lawyer in a conspiracy, highlighting the necessity for due diligence in validating identities in legal documentation.

ORDER :

1. The 8th accused in C.C. No. 5 of 2016, pending on the files of the Enquiry Commissioner and Special Judge, assails the order in C.M.P. No. 330 of 2016 dated 07.01.2025, whereby the discharge plea filed by the 8th accused along with the 1st accused was considered and rejected by the Special Judge as per the common order in C.M.P. Nos. 330 of 2016 and 2335 of 2016. The respondent is the State of Kerala, represented by the Vigilance and Anti-Corruption Bureau (VACB).

2. Heard the learned counsel for the revision petitioner/8th accused and the learned special Public Prosecutor. Perused the order impugned and the decision placed by the learned counsel for the revision petitioner

3. Here the prosecution alleges commission of offences punishable under Section 419, 468, 471, and 120B of the Indian Penal Code as well as under Section 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 (for short ‘the PC Act’ hereafter) by the accused.

4. The prosecution allegation as per the final report is that the 1st accused Sri.K.G.George, S/o A.D.George, Kallickal House, Konnathady.P.O., Idukki District, Formerly Assistant Manager (Legal) Kerala Financial Corporation (for short, ‘KFC’), District Office Kattappana, the 2nd accused Sri.P.Mohandas, s/o Parameswaran, Pournami House, NCC Road, Peroorkkada.P.O, Thiruvananthapuram-5, formerly Assistant Manager (A&D) KFC, District Office Kattappana (A3) Sri.Jossy Varghese, s/o T J Varghese, Thoppil House, Kurisummoodu.P.O Changanassery, the 4th accused Sri.Joji Varghese s/o T.J. Varghese, Thoppil house, Kurisummoodu P/O, Changanassery, 5th accused Sri.M.J. Jose @ Josemon Joseph, s/o M.D. Joseph, Mylapparambil house, Anakkailu P.O, Kanjirappally, 6th accused Sri.P.S. Thampi, s/o C.M.Samuel, PF Quarter No. 12, Pattom Thiruvananthapuram formerly District Manager, KFC, District Office, Kattappana, 7th accused Sri.Ashok Kumar. N, s/o K. Narayanan, Flat No 3D, J.M. residency, Male Thampanoor, Thiruvananthapuram – I, formerly regional manager KFC, Kottayam and the 8th accused Sri.T.P.Mathew Advocate Kattappana Bar Association s/o Poulose, Thonakkara House, Kochuthovala PO, Kattappana of which 1st, 2nd, 6th and 7th accused being public servants while holding their respective offices have entered into criminal conspiracy mutually and with the 3rd to 5th accused and the 8th accused being the private persons and in furtherance of that criminal conspiracy. The 1st accused fraudulently and willfully omitted to verify the correctness of bio- data of the co-obligent, certificate containing attested photograph of the co-obligent, photocopy of passport No H-273618, thus he illegally assisted the 5th accused to impersonate as co-obligent and thereby assisted to sign the loan agreement dated 15.02.2001, letter of deposit of documents dated 17.02.2001 and deed of hypothecation and has also illegally fabricated land valuation report dated 07.01.2001. The 2nd accused fraudulently and willfully omitted to verify the correctness of provisional SSI Registration certificate, Trading Profit and Loss account of M/s.Revathy Gold Cutting, rent deed related with room No.3 in building No.1/139/A of Peruvanthanam, affidavit dated 20.02.2001, bio-data of co-obligent, certificate containing attested signature and photograph of the -co-obligent, sales vouchers of Thops Jewellery Kanjirappally and also illegally assisted the 4th accused by fabricating the performa for disbursing the loan amount and he was a member of the RMLSC held on 19.01.2001 which illegally sanctioned the alleged loan. The 3rd accused fraudulently and willfully obtained original deed of document Nos