Kerala High Court
Crime No. Vc3/15/Siu-Ii Of Vacb vs By Advs.Sri.V.G.Arun on 26 June, 2018
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 26TH DAY OF JUNE 2018 / 5TH ASHADHA, 1940
Bail Appl..No. 4253 of 2018
CRIME NO. VC3/15/SIU-II OF VACB, THIRUVANANTHAPURAM
PETITIONER(S)/3RD ACCUSED
D.SUNDARESAN,
S/O,DIVAKARAN, CHITHRA BHAVAN, K.K.N.NAGAR, KALLAYAM P.O.,
THIRUVANANTHAPURAM-695043.
BY ADVS.SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
SRI.JAIBY PAUL
SRI.ARJUN RAGHAVAN
SRI.ADITHYA RAJEEV
RESPONDENT(S)/STATE & COMPLAINANT:
1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, KOCHI-682031.
2. THE DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL
INVESTIGATION UNIT-II, THIRUVANANTHAPURAM-695001.
BY PUBLIC PROSECUTOR SRI. A. RAJESH, SPECIAL GOVT. PLEADER FOR VACB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-06-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B. SUDHEENDRA KUMAR, J.
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Bail Application No. 4253 of 2018
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Dated this the 26th day of June, 2018
ORDER
The petitioner is the third accused in Crime No. VC3/2015/SIU-II of Vigilance and Anti Corruption Bureau, Thiruvananthapuram, registered for the offences under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and Section 120 B IPC.
2. The petitioner has filed this application seeking for the relief under Section 438 Cr.P.C.
3. Heard.
4. The learned Public Prosecutor has no serious objection in allowing this application.
-: 2 :-Bail Application No. 4253 of 2018
5. The prosecution allegation is that the petitioner who was the Contractor for the construction of Mulliyoor-Kariyottukonam and Kariyodu-Enchapuri roads in Vellanad Block of Thiruvananthapuram District under the Prime Minister's Gram Sadak Yojana (PMGSY) Scheme, committed criminal conspiracy with the public servants and as a consequence the Government sustained huge loss for the said work. The public servants committed corruption and misconduct in the matter of construction of the said roads.
6. The petitioner is not involved in any other offence, submitted by the learned Special Public Prosecutor.
7. Considering the nature of the allegations raised against the petitioner, I am of the view that custodial -: 3 :- Bail Application No. 4253 of 2018 interrogation of the petitioner is not necessary for the progress of the case. In the said circumstances, I am inclined to allow this application.
In the result, this application stands allowed and the respondents are directed to release the petitioner on bail, in the event of his arrest in Crime No. VC3/2015/SIU-II of Vigilance and Anti Corruption Bureau, Thiruvananthapuram, on condition of the petitioner executing a bond for Rs. 40,000/- (Rupees forty thousand only) with two solvent sureties each for the like amount to the satisfaction of the 2nd respondent, before whom the petitioner shall surrender within 10 days, if not arrested in the meantime, and subject to the following further conditions:-
i) The petitioner shall report before the Investigating Officer on every Monday between -: 4 :- Bail Application No. 4253 of 2018 9 a.m. and 11 a.m. for three months and thereafter as and when required by the Investigating officer for interrogation.
ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
iii) The petitioner shall co-operate with the investigation.
iv) The petitioner shall not get involved in any offence during the pendency of this case.
Sd/- B. SUDHEENDRA KUMAR, JUDGE.
ani/