HIGH COURT OF KERALA
R. NARAYANA PISHARADI, J
PRAKASH JOSEPH, – Appellant
Versus
STATE OF KERALA, – Respondent
ORDER
The petitioner is the first accused in the case C.C.No.4/2021 pending in the Court of the Enquiry Commissioner and Special Judge (Vigilance), Thrissur.
2. The offences alleged against the petitioner in the above case are under Sections 13 (1)(c) and 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and also under Sections 409 , 420 and 120B of the Indian Penal Code .
3. The petitioner, the first accused in the case, was the Legal Officer in M/s.Malabar Cements Limited (for short 'the MCL Company'), a Government Company. The second accused in the case was the Managing Director of that company. The third and the fourth accused in the case were the Managing Director and the Director of the company “M/s.ARK Wood and Metals Private Limited” (for short 'the ARK Company').
4. The MCL Company had entered into an agreement on 18.11.2004 with the ARK Company for supply of fly ash for a period of nine years. As per Clause 19 of the agreement, it was provided that any dispute arising out of the contract shall be within the jurisdiction of the courts of Tuticorin, from where the supply is effected. As per Clause 20 of the agreement, it was prov
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