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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Crl.Rev.Pet.No.55 OF 2019
AGAINST THE ORDER IN CRL.M.P.NO.71/2018 IN CC 5/2014 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM PETITIONER/PETITIONER (ACCUSED NO.7): SAVITHA DUTT, AGED 55 YEARS S/O.SREERAMACHANDRAN, 'SOUPARNIKA', PADA NORTH, KARUNAGAPPALLY P. O., PIN - 690 518 (SENIOR FINANCE OFFICER, SCHEDULED TRIBE DEPARTMENT)
SRI K GOPALAKRISHNA KURUP SR ADV BY ADV. SMT.ANUROOPA JAYADEVAN RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031 SRI A RAJESH SPL PP VACB THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
05.03.2021, ALONG WITH
Crl.MC.8635/2018(H),
Crl.Rev.Pet.56/2019, Crl.Rev.Pet.57/2019, Crl.Rev.Pet.58/2019,
Crl.Rev.Pet.59/2019, Crl.Rev.Pet.370/2019, Crl.Rev.Pet.674/2020,
Crl.Rev.Pet.675/2020, THE COURT ON 05.03.2021 PASSED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Crl.MC.No.8635 OF 2018(H)
CRL.MP NO.578/2018 IN CC 5/2014 DATED 03-08-2018 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM PETITIONER/2ND ACCUSED: A.DEVADAS S/O.T.V.DEVASA PISHARADY, SARASWATHY NIVAS, CUSTOMS ROAD, KOZHIKODE-673 032 BY ADVS.
SRI.T.G.RAJENDRAN SRI.T.R.TARIN RESPONDENTS/COMPLAINANT AND STATE: THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, ALAPPUZHA-688 001 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PERSECUTOR, HIGH COURT OF KERALA, ERANAKULAM-682 031 SRI.A.RAJESH, SPL.PP VACB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
23.02.2021, ALONG WITH
Crl.Rev.Pet.55/2019,
Crl.Rev.Pet.56/2019,
Crl.Rev.Pet.57/2019,
Crl.Rev.Pet.58/2019,
Crl.Rev.Pet.59/2019,
Crl.Rev.Pet.370/2019,
Crl.Rev.Pet.674/2020,
Crl.Rev.Pet.675/2020, THE COURT ON 05.03.2021 PASSED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Crl.Rev.Pet.No.56 OF 2019
AGAINST THE ORDER IN CRL.M.P.NO.773/2017 IN CC 5/2014 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM PETITIONER/PETITIONER (ACCUSED NO.9): PUSHPARAJAN AGED 63 YEARS S/O G.PURUSHOTHAMAN, RESIDING AT BHADRA, CHANDANAKKAVU, ALAPPUZHA-688011 (RETIRED ASSISTANT EXECUTIVE ENGINEER, PWD, NATIONAL HIGHWAY SUB DIVISION, PUNALOOR).
BY SRI.K.GOPALAKRISHNA KURUP SR.ADV ADV.SMT.ANUROOPA JAYADEVAN RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
SRI.A.RAJESH SPL.PP, VACB THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH Crl.MC.8635/2018(H),
Crl.Rev.Pet.55/2019,
Crl.Rev.Pet.57/2019,
Crl.Rev.Pet.58/2019,
Crl.Rev.Pet.59/2019,
Crl.Rev.Pet.370/2019,
Crl.Rev.Pet.674/2020,
Crl.Rev.Pet.675/2020, THE COURT ON 05.03.2021 PASSED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Crl.Rev.Pet.No.57 OF 2019
AGAINST THE ORDER IN CRL.M.P.NO.106/2018 IN CC 5/2014 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM PETITIONER/PETITIONER (ACCUSED NO.10): K.K.ALEXANDER AGED 66 YEARS SHAJI. K.K, S/O KUNJUVARKEY, RESIDING AT KARIYIL, ARAVUKADU, ARTHUNKAL P.O, CHERTHALA -688530, (RETIRED SENIOR SUPERINTENDENT, PWD BUILDINGS DIVISION OFFICE, ERNAKULAM).
BY SRI.K.GOPALAKRISHNA KURUP SR.ADV ADV. SMT.ANUROOPA JAYADEVAN RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
SRI.A.RAJESH SPL.PP, VACB THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH Crl.MC.8635/2018(H),
Crl.Rev.Pet.55/2019,
Crl.Rev.Pet.56/2019,
Crl.Rev.Pet.58/2019,
Crl.Rev.Pet.59/2019,
Crl.Rev.Pet.370/2019,
Crl.Rev.Pet.674/2020,
Crl.Rev.Pet.675/2020, THE COURT ON 05.03.2021 PASSED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Crl.Rev.Pet.No.58 OF 2019
AGAINST THE ORDER IN CRL.M.P.NO.105/2018 IN CC 5/2014 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM PETITIONER/PETITIONER (ACCUSED NO.11): SHAJI.K.K, AGED 60 YEARS S/O.V.K.KOCHU, RESIDING AT KATTUNKAL HOUSE, VADAKKAL P.O., PUNNAPRA, ALAPPUZHA - 688 003. (RETIRED U.D.CLERK, PWD ROADS DIVISION OFFICE, ALAPPUZHA).
BY SRI.K.GOPALAKRISHNA KURUP, SR.ADV ADV. SMT.ANUROOPA JAYADEVAN RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
SRI.A.RAJESH, SPL.PP VACB THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH Crl.MC.8635/2018(H),
Crl.Rev.Pet.55/2019,
Crl.Rev.Pet.56/2019,
Crl.Rev.Pet.57/2019,
Crl.Rev.Pet.59/2019,
Crl.Rev.Pet.370/2019,
Crl.Rev.Pet.674/2020,
Crl.Rev.Pet.675/2020, THE COURT ON 05.03.2021 PASSED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Crl.Rev.Pet.No.59 OF 2019
AGAINST THE ORDER IN CRL.M.P NO.772/2017 IN CC 5/2014 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE (VIGILANCE), KOTTAYAM PETITIONER/PETITIONER (ACCUSED NO.8): M.V.ABRAHAM AGED 67 YEARS S/O.M.V.VARKEY, RESIDING AT MALIYEKKAL MALAYIL HOUSE, ERAVIPEROOR P.O., PIN- 689 542, (RETIRED ASSISTANT EXECUTIVE ENGINEER, PWD, ROADS DIVISION, ALAPPUZHA).
BY SR.ADV.SRI.K.G.GOPALAKRISHNA KURUP BY ADV. SMT.ANUROOPA JAYADEVAN RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
SRI.A.RAJESH, SPL.PUBLIC PROSECUTOR, VACB THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH Crl.MC.8635/2018(H),
Crl.Rev.Pet.55/2019,
Crl.Rev.Pet.56/2019,
Crl.Rev.Pet.57/2019,
Crl.Rev.Pet.58/2019,
Crl.Rev.Pet.370/2019,
Crl.Rev.Pet.674/2020,
Crl.Rev.Pet.675/2020, THE COURT ON 05.03.2021 PASSED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Crl.Rev.Pet.No.370 OF 2019 AGAINST THE ORDER IN CRIME NO.VC/06/05/ALP BEFORE THE VIGILANCE AND ANTI-CORRUPTION BUEAU, ALAPPUZHA IN CC 5/2014 OF THE ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM PETITIONER/ACCUSED NO.6: R.BAIJU, AGED 49 YEARS S/O.RASHEED, FATHIMA MANZIL, P.H.WARD, ALAPPUZHA, PIN - 688 007.
BY ADVS.
SRI.E.RAFEEK SRI.GOKUL DAS V.V.H. RESPONDENT/COMPLAINANT: STATE OF KERALA, THROUGH THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, ALAPPUZHA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
BY SRI.A.RAJESH, SPL.PP, VACB THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH Crl.MC.8635/2018(H),
Crl.Rev.Pet.55/2019,
Crl.Rev.Pet.56/2019,
Crl.Rev.Pet.57/2019,
Crl.Rev.Pet.58/2019,
Crl.Rev.Pet.59/2019,
Crl.Rev.Pet.674/2020,
Crl.Rev.Pet.675/2020, THE COURT ON 05.03.2021 PASSED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Crl.Rev.Pet.No.674 OF 2020
AGAINST THE ORDER IN CMP 735/2018 DATED 03-08-2018 OF THE ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM REVISION PETITIONER/RESPONDENT/APPELLANT: THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY SRI.A.RAJESH,SPL.PUBLIC PROSECUTOR, VACB RESPONDENT/ACCUSED NO.1: JAYAPRAKASH, AGED 71 YEARS S/O. A. DAMODHARAN, EXECUTIVE ENGINEER (RETIRED), PWD ROADS DIVISION, ALAPPUZHA.
(PRASHOBIKA HOUSE, ELAVUNKAL ROAD, PALARIVATTOM, ERNAKULAM - 682 025)
R1 BY ADV. SRI.NISHIL.P.S. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 213.02.2021, ALONG WITH Crl.MC.8635/2018(H),
Crl.Rev.Pet.55/2019,
Crl.Rev.Pet.56/2019,
Crl.Rev.Pet.57/2019,
Crl.Rev.Pet.58/2019,
Crl.Rev.Pet.59/2019,
Crl.Rev.Pet.370/2019,
Crl.Rev.Pet.675/2020, THE COURT ON 05.03.2021 PASSED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Crl.Rev.Pet.No.675 OF 2020
AGAINST THE ORDER IN CMP 104/2018 DATED 22-10-2018 OF THE ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM REVISION PETITIONER/COMPLAINANT: THE STATE OF KERALA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY SRI.A.RAJESH,SPL. PUBLIC PROSECUTOR,VACB RESPONDENT/ACCUSED NO.5: SRI.S.CHANDRA BABU, S/O P.SUKUMARAN, FORMER EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA (CHANDRAGEETHAM HOUSE, THIRUMALA P.O.T.V.NAGAR, THIRUVANANTHAPURAM-695 006.
R1 BY ADV. SRI.S.RAJEEV R1 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
R1 BY ADV. SRI.V.VINAY R1 BY ADV. SRI.D.FEROZE R1 BY ADV. SRI.K.ANAND (A-1921) THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH Crl.MC.8635/2018(H),
Crl.Rev.Pet.55/2019,
Crl.Rev.Pet.56/2019,
Crl.Rev.Pet.57/2019,
Crl.Rev.Pet.58/2019,
Crl.Rev.Pet.59/2019,
Crl.Rev.Pet.370/2019,
Crl.Rev.Pet.674/2020, THE COURT ON 05.03.2021 PASSED THE FOLLOWING: R.NARAYANA PISHARADI, J *************************
Crl.R.P.Nos.55 of 2019, 56 of 2019, 57 of 2019, 58 of 2019, 59 of 2019, 370 of 2019, 674 of 2020 & 675 of 2020 & Crl.M.C No. 8635/2018 --------------------------------------------
Dated this the 5 th day of March, 2021
O R D E R
The orders passed by the Enquiry Commissioner and Special Judge, Kottayam in the applications for discharge filed by the accused in the case C.C.No.5/2014 are under challenge in these revision petitions filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (for short 'the Code') and the Criminal Miscellaneous Case filed under Section 482 of the Code.
2. There are altogether eleven accused in the case.
Accused No.1 was the Executive Engineer, Public Works Department (PWD), Roads Division, Alappuzha during the period from 02.12.2002 to 31.05.2003. Accused No.2 was the contractor engaged by the PWD for conveyance of packed bitumen from the Kochin Refineries Limited (KRL). Accused No.3 was the Assistant Engineer of the PWD Section, Alappuzha during the period from November 1999 to October 2004. Accused No.4 was the Assistant Engineer of the PWD Section, Cherthala during the period from 03.06.2002 to 31.01.2005. Accused No.5 was the Executive Engineer, PWD Roads Division, Alappuzha during the period from 27.06.2003 to 31.08.2005. Accused No.6 was the authorised agent of Accused No.2. Accused No.7 was the Divisional Accountant, PWD Roads Division, Alappuzha during the period from 24.09.2001 to 31.05.2005. Accused No.8 was the Assistant Executive Engineer (Technical Assistant), PWD Roads Division, Alappuzha during the period from 14.07.2003 to
30.09.2006. Accused No.9 was the Assistant Engineer (Works), PWD Roads Division, Alappuzha during the period from
17.04.2000 to 27.07.2006. Accused No.10 was the Junior Superintendent, PWD Roads Division, Alappuzha during the period from 03.07.2003 to 18.01.2007. Accused No. 11 was the Clerk in the Office of the PWD Roads Division, Alappuzha during the period from 02.06.2003 to 10.09.2009.
3. The summary of the allegations against the accused, as stated in the charge-sheet filed by the Vigilance and Anti- Corruption Bureau (VACB) in the trial court, reads as follows:
“The accused A1 while working as Executive Engineer, Public Works Department, Roads Division, Alappuzha during the period from
02.12.2002 to 31.05.2003 and as such being public servant, abused his official position and entered into criminal conspiracy with A2 and A6, the conveyance contractor of packed bitumen and his authorized agent respectively for the period 2003-04 and in furtherance of the criminal conspiracy, five loads of packed bitumen vide invoice no.303057 dated 12.05.2003, 304050 dated 23.05.2003, 304228 dated 26.05.2003, 304674 dated 30.05.2003 and 306783 dated
26.06.2003 taken delivery from KRL, on behalf of Executive Engineer, Public Works Department Division, Alappuzha was dishonestly and fraudulently misappropriated wholly causing a loss of Rs.6,27,265.30/- to the Government and corresponding gain to the accused by illegal and corrupt means without any public interest. A5 who succeeded A1 as the EE, PWD Division, Alappuzha during the period 27.06.2003 to 31.08.2005 later on with malafide intention of obtaining pecuniary advantage to the said accused A2 and A6 conspired with A3 and A4 who worked as AE of the PWD Section, Alappuzha during the period 11/99 to 10/04 and AE, PWD Section, Cherthala during the period 03.06.2002 to 31.05.2005 respectively and also with A7 who worked as Divisional Accountant, Public Works Department, Roads Division, Alappuzha during the period from
24.09.01 to 31.05.05, A8 who worked as Assistant Executive Engineer (Technical Assistant), Public Works Department Roads Division, Alappuzha during 14.07.2003 to
30.09.2006, A9 who worked as Assistant Engineer (works), Public Works Department Roads Division, Alappuzha during the period from 17.04.2000 to
27.07.2006, A10 who worked as the Junior Superintendent, Public Works Department Roads Division,
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