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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
Maya – Appellant
Versus
State Of Kerala, Represented By Spl Public Prosecutor Of Vigilance And Anti Corruption Bureau – Respondent
| Table of Content |
|---|
| 1. release of seized fixed deposits and bank guarantee condition. (Para 3 , 4) |
| 2. court's evaluation of conditions imposed for release. (Para 5 , 10) |
| 3. clarification on the laws regarding disproportionate assets. (Para 6 , 11) |
| 4. justification of the court's decision related to security. (Para 12 , 14) |
| 5. final decision on dismissal of the petitions. (Para 15 , 16) |
ORDER :
A. Badharudeen, J.
These are Criminal Miscellaneous Cases filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by one Maya and Balakrishnan T. respectively, aggrieved by the common order dated 15.09.2025 in C.M.P.Nos.131/2025 and 130/2025 in VC No 5/2024/SCK on the files of the Enquiry Commissioner and Special Judge, Kozhikode.
2. Heard the learned counsel for the petitioners as well as the learned Special Public Prosecutor in detail. Perused the relevant documents.
3. The crux of the petition, as could be seen from the order itself, is the release of 17 Fixed Deposit Receipts seized by the Vigilance in a case alleging amassment of disproportionate assets by Smt.Maya, who was working as Tahsildar in Revenue Department. Sri.Balakrishnan T. is Smt.Maya’s husband. The prayer in Crl.M.C.No
The court clarified that the provisions relating to security and attachment in cases of disproportionate assets must be strictly followed; hence, the petitions were dismissed.
The court upheld that seizure actions by police must comply with Articles 14 and 19, reaffirming the necessity for following established legal guidelines when handling seized property.
The court clarified that interim confiscation requires deposit of assessed market value to prevent forfeiture, reinforcing statutory intent against corruption. This ensures accused do not retain cont....
The court emphasized that the operation of the confiscation order can be stayed if the accused provide bank guarantees for the assessed value of properties, balancing statutory intent with personal c....
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