Judicial discretion allows interim release of funds to mitigate personal financial constraints while safeguarding procedural integrity in criminal investigations.

ORDER :

A. Badharudeen, J.

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to quash all further proceedings in VC.01/23/SCE on the files of the Court of the Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha, arose out of Occurrence Report 1/23/SCE of VACB, Ernakulam. The petitioner herein is the sole accused in the above case. 2. As on 18.09.2025, when this matter was considered by this Court, the learned counsel for the petitioner submitted that, alleging amazement of assets disproportionate to the known source of income by the petitioner, the amounts obtained by the petitioner as per awards vide O.P (MV) Nos.984 of 2006 and 2189 of 2017 produced as Annexurs-A3 and A4, also were freezed by the Vigilance and the petitioner was not in a position to get money for his personal needs and other purposes of the family. Therefore, an interim order was passed on 18.09.2025, directing the learned Public Prosecutor to produce a report specifying whether the deposits as per Annexures-A3 and A4 were necessarily to be continued on attachment in this case.

3. As on 24.09.2025, the learned Public Prosecutor placed report dated 23.09.2025, at the instance of the Inspector of Police, Vigilance and Anti-Corruption Bureau, Special Cell, Ernakulam. It is submitted by the learned Public Prosecutor with reference to paragraph No.4 of the report that, the total amount of Rs.16,20,454/- received as accident claim by the petitioner during the check period and it has been included in petitioner’s income. In paragraph No.5, it has been reported as under:

5. The finding of the investigation including A to D statements as follows:

4. It is submitted by the learned Public Prosecutor further that, the investigation in this matter has been completed and prosecution sanction order is awaiting from the Principal Director, LSGD Department, Thiruvananthapuram, for which, the Vigilance investigation report has been submitted on 07.08.2025.

5. Today, an additional report also has been filed. In paragraph Nos.3(c) and 5(a) of the additional report filed today, it has been reported as under:

3(c) FD No.064201084802 (froze from 24.03.2023) in the name of the petitioner, account opening date 14.05.2020 having a closing balance of this account is Rs.5,50,000/- (Accident claim).

5(a) FD No.799010100342944 (froze from 24.03.2023) in the name of the petitioner, account opening date 06.05.2022 having a closing balance of this account is Rs.11,00,000/- (Accident claim).

6. Thus, the submission of the learned Public Prosecutor is that, the amount dealt in paragraphs 3(c) and 5(a) of the additional report filed today as mentioned hereinabove, received by the petitioner as award as per Annexures-A3 and A4, to the tune of Rs.16,20,454/- were also attached by the Vigilance, since the same also was included as the income of the petitioner and the petitioner is free to get the same released.

7. At this juncture, the learned counsel for the petitioner submitted that, rec