IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 15750 of 2008(Y) --------------------------------------- (ORDER NO.V.C.15/97 DATED 3/3/08 OF VIGILANCE AND ANTI-CORRUPTION BUREAU, PALAKKAD) PETITIONER(S): ------------------------ M.RADHAKRISHNAN, S/O.THE LATE K.KARUNAKARAN NAIR, AGED 69 YEARS, CHIEF ENGINEER, PWD (ROADS AND BRIDGES), (RTD) RESIDING AT 'SAKETHAM', PEOPLES ROAD, WEST HILL, KOZHIKODE - 5. BY SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE BY ADV. SMT.K.RADHAMANI AMMA SRI.ANTONY MUKKATH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, VIGILANCE AND HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOZHIKODE, REPRESENTED BY ITS REGISTRAR. 3. DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION, THIRUVANANTHAPURAM. 4. SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM. 5. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, PALAKKAD. BY PUBLIC PROSECUTOR STI.B.JAYASURYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.15750/2008 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPRESENTATION DATED 27/01/1992 MADE BY THE CONTRACTOR TO THE EXECUTIVE ENGINEER, BRIDGES DIVISION, KOZHIKODE. P2 COPY OF THE LETTER NO.A3/1241/91 DATED 31/01/1992 OF THE EXECUTIVE ENGINEER, PWD BRIDGES DIVISION, KOZHIKODE WITH THE ENDORSEMENT. P3 COPY OF THE ORDER NO.DC3/5925/88 DATED 06/02/1992 OF THE SUPERINTENDING ENGINEER, PWD (R&B), CALICUT. P4 COPY OF THE RELEVANT PAGE SHOWING THE RECOVERY OF THE SECURITY DEPOSIT OF RUPEES ONE LAKH AMONG OTHER RECOVERIES. P5 COPY OF THE F.I.R. NO.15/97 DATED 27/11/97 P6 COPY OF THE REPRESENTATION OF THE PETITIONER. P7 COPY OF THE GO(MS)NO.53/2005/VIG DATED 06/08/2005 OF THE 1ST RESPONDENT. P8 COPY OF THE REPORT DATED 22/01/2008 OF THE 5TH RESPONDENT. P9 COPY OF THE ORDER NO.V.C.15/1997 DATED 03/03/2008 OF VIGILANCE AND ANTI-CORRUPTION BUREAU. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. ------------------------------------------------- W.P (C) No.15750 OF 2008 ------------------------------------------------- DATED THIS THE 18th DAY OF AUGUST, 2011 JUDGMENT Petitioner is the 4th accused in Vigilance Case No.15/1997 before the Vigilance and Anti-corrpution Bureau, Palakkad for offences under Section 13 (1) (c) and (d) read with 13 (2) of the Prevention of Corruption Act and Sections 465 and 120(b) of IPC. Heard Learned Counsel for the petitioner and the learned Public Prosecutor. I am not inclined to interfere at this stage. It is open to the petitioner to plead discharge. If such an application is filed before the Court of Enquiry Commissioner and Special Judge, Kozhikode the Special Judge shall pass appropriate orders thereon. Writ Petition is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge