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.

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.9012/2025 is as under:

“to modify the common order dated 15.09.2025 in CMP No.131/2025 in VC No.5/2024/SCK to the effect that the additional condition to produce bank guarantee for an amount of Rs.5,00,000/- may be deleted and petitioner may be permitted to release the FD receipt on executing the bond for the same amount with 2 solvent sureties.”

4. Similarly, the prayer in Crl.M.C.No.9076/2025 is under:

“..to modify the common order dated 15.09.2025 in CMP No.130/2025 in VC No.5/2024/SCK to the effect that the additional condition to produce bank guarantee for an amount of Rs.5,00,000/- may be deleted and petitioner may be permitted to release the FD receipt on executing the bond for the same amount with 2 solvent sureties.”

5. After hearing both sides, the learned Special Judge allowed both petitions by imposing conditions and the common order reads as under:

“In the result, petitions are allowed on the following conditions:

1. The Investigating Officer shall produce the following documents before this Court.

11 Fixed Deposit Receipts (Nos.9906 and 10282 to 10286) in Kodoor Service Co- operative Bank, F.D. Receipt No.00185 in the Malappuram Employees Co-operative Society, Pass Book of Term Deposit at Kodoor Post Office in the name of the accused and locker key.

6 Fixed Deposit Receipts (Nos.1732 to 1737) in Kodoor Rural Co-operative Bank in the name of the husband of the accused.

2. The petitioner shall obtain certified copies of the above Documents from this Court and shall substitute the Documents with the certified copies obtained from the Court.

3. Petitioners shall execute a bond for Rs.50,00,000/- (Rupees Fifty Lakhs only) with two solvent sureties and shall produce a bank guarantee for Rs.50,00,000/- (Rupees Fifty Lakhs only) for Nationalized Bank which shall be kept valid by the petitioner until the competition of the investigation and in case of Final Report against the petitioner is filed, the bank guarantee shall be ensured until the completion of the trial.

4. The freezing Order passed by the investigating Officer with respect to the Fixed Deposit of Rs. 10,00,000/- (Rupees Ten Lakhs only) in the name of the accused at Indian Bank, Malappuram Branch is vacated.

5. The Office is directed to release 6 Fixed Deposit Receipts (No.1732 to 1737) of Kodoor Service Co-operative Bank to the husband of the accused.

6. The Office is directed to release 11 Fixed Deposits Receipt (Nos.9906 to 9911 and 10282 to 10286) Kodoor Service Co-operative Bank, F.D. Receipt No.00185 in the Malappuram Employees Co- Operative Society, Pass Book of Term Deposit at Kodoor Post Office and locker key to the accused on proper acknowledgment.”

6. Now, the petitioners would submit that order of the learned special Judge directing production of Bank Guarantee for release of the Fixe