IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Crl.MC.No. 1179 of 2010() ------------------------- CC.12/2009 of SPL.COURT SPE/CBI-II, ERNAKULAM .................... PETITIONER: ACCUSED NO.4 --------------------------- DR.K.RAMALINGAM,AGED 61 YEARS, S/O.LATE KANNAIAH, RTD.CHAIRMAN, AIRPORTS AUTHORITY OF INDIA, RESIDING AT NO.27,BODI CHETTY STREET, CUDDALOOR, TAMILNADU. BY ADV. SRI.B.RAMAN PILLAI SRI.RAJA VIJAYARAGHAVAN SRI.M.T.SURESHKUMAR RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. CBI REPRESENTED BY INSPECTOR OF POLICE CBI/SPE/ACB, COCHIN, THROUGH ITS RETAINER COUNSEL. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.C.M.NAZAR ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1179 of 2010 -------------------------------------- Dated this the 8th day of June, 2010 ORDER The petitioner (Dr.K.Ramalingam) who is the fourth accused in C.C.No.12/2009 on the file of the Court of Special Judge, SBE/CBI-2, Ernakulam (arising out of RC 3(A)/2008) for offences under Sections 12, 13(1)(a) and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 420 read with Section 120B of I.P.C. seeks to quash Annexure A2 final report and all other proceedings in the above C.C. 2. The case of the prosecution is as follows:- The petitioner who was the Chairman of the Airport Authority of India, Chennai had appointed A8 (Dinesh Kumar, Airport Director, Chennai Airport) as arbitrator knowing fully well that he is the Airport Director of Chennai Airport at the relevant point of time and is in close contacts with A3 (Renjit Madhavan) who was running the management of car parking contract in Chennai Airport. The appointment of A8 as arbitrator was for the purpose of helping the said Renjit Madhavan to gain pecuniary advantages in the dispute Crl.M.C.No.1179/2010 : 2 : with the Airport Authority, Calicut with regard to the car parking contract at Calicut Airport. Renjit Madavan, contractor, through his employees had given illegal gratification to K.Bhaskaran (A5) the brother of the petitioner (A4) for and on behalf of the petitioner herein (A4), to the tune of an amount of Rs.12 lakhs in cash and to the tune of Rs.2,91,386/- in kind by way of taxi bills on various dates. 3. It is too early for this Court to undertake a meticulous scan of the voluminuous materials in the form of documents and statements of witnesses to accept the petitioner's contentions. 4. The contention that there is no material to show that the petitioner had demanded or accepted any amount in their favour from anyone or that the petitioner had caused pecuniary or other benefit to any person in the course of his duty as the Chairman of the Airport Authority of India, or that the petitioner has been implicated with malafide intention, or that there is no material to connect the petitioner with the alleged offences etc will have to be considered by the court below at the appropriate stage. In the rarefied jurisdiction Crl.M.C.No.1179/2010 : 3 : under Section 482 Code of Criminal Procedure this Court will be loath to quash the final report and the proceedings before the court below. In fact, the Special Court is yet to consider the materials before it and frame the charge under Section 239 of Code of Criminal Procedure. The petitioner has got an effective opportunity to plead for a discharge at that stage under Section 239 Code of Criminal Procedure. In case the petitioner files an application for discharge in absentia through his counsel, the learned Special Judge shall not insist on the personal appearance of the petitioner for the disposal of the petition for discharge and shall consider the contentions raised by the petitioner. Reserving the above right of the petitioner, this Crl.M.C. is dismissed. V.RAMKUMAR, JUDGE skj