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Supreme Court - Daily Orders

Vipin Thankappan vs State Of Kerala on 14 February, 2023

Author: A.S. Bopanna

Bench: A.S. Bopanna

     ITEM NO.2                                    COURT NO.12                            SECTION II-B

                                      S U P R E M E C O U R T O F                  I N D I A
                                              RECORD OF PROCEEDINGS

     Petition for Special Leave to Appeal (Crl.)                                  No.8169/2022

     (Arising out of impugned final judgment and order dated                                     29-06-2022
     in BA No. 4709/2022 passed by the High Court of                                             Kerala at
     Ernakulam)

     VIPIN THANKAPPAN                                                                     Petitioner(s)

                                                            VERSUS

     STATE OF KERALA & ANR.                                                               Respondent(s)

     (FOR ADMISSION and I.R. and IA No.127383/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT )

     Date : 14-02-2023 This petition was called on for hearing today.

     CORAM :
                                HON'BLE MR. JUSTICE A.S. BOPANNA
                                HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

     For Petitioner(s)                      Mr. G. Prakash, Adv.
                                            Mrs. Beena Prakash, Adv.
                                            Mr. Jishnu M. L., AOR

     For Respondent(s)                      Mr. Harshad V. Hameed, AOR
                                            Mr. Dileep Poolakkot, Adv.
                                            Mr. Subhash Chandran K.R., Adv.
                                            Mrs. Ashly Harshad, Adv.


                                 UPON hearing the counsel the Court made the following
                                                    O R D E R

Heard learned counsel for the parties and perused the petition papers.

This Court while directing notice to the respondent on 13.09.2022 had taken all aspects of the matter into Signature Not Verified consideration and had granted interim protection against arrest Digitally signed by Rajni Mukhi Date: 2023.02.15 16:56:41 IST Reason: of the petitioner.

1 SLP (Crl.) No.8169/2022 Learned counsel for the respondents submits that though in the meanwhile the petitioner has not yet been called for investigation, that was due to the reason that the case has now been transferred to the Anti-Corruption Bureau and the investigation will have to commence therein.

Needless to mention, irrespective of the Investigating Authority, the petitioner will have to co-operate with the Investigating Agency as and when he is required to appear for recording his statement.

In that view, subject to such condition that the petitioner shall diligently participate in the investigation, the interim protection granted on 13.09.2022 shall enure to the benefit of the petitioner. He shall also comply with the requirements of section 438(2) Cr.P.C.

The special leave petition is disposed of. Pending application(s) shall also stand disposed of.

(RAJNI MUKHI)                                                    (DIPTI KHURANA)
COURT MASTER (SH)                                            ASSISTANT REGISTRAR




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