IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.MC.No. 2143 of 2006 ------------------------- AGAINST THE ORDER DATED 14/07/1999 IN RC13(A)/99-KER IN CC.3/2003 of III ADDL.SESSIONS COURT, ERNAKULAM .................... PETITIONER/ 4TH ACCUSED: -------------------------- K.S.RAMANKUTTY, KADAVIL HOUSE, KARMAL MOUNT ROAD, KANJIRAPALLY, KOTTAYAM DIST. (BRANCH MANAGER, TRANSPORT CORPORATION OF INDIA, KANJIRAPPALLY BRANCH, KOTTAYAM DIST). BY ADV. SRI.T.V.GEORGE RESPONDENTS/ COMPLAINANT: -------------------------- 1. C.B.I., SPECIAL POLICE ESTABLISHMENT, ERNAKULAM, KOCHI-17, REP. BY THE SUPERINTENDENT OF POLICE, CBI, ERNAKULAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.S.SREEKUMAR, SC FOR CBI FOR R1 SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 PUBLIC PROSECUTOR /- THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. =============== Crl.M.C.No.2143 of 2006 - C =============================== Dated this the 16th day of October, 2008. O R D E R The Central Bureau of Investigation has charge sheeted the petitioner and five others before the CBI Court (III Additional Sessions Court, Ernakulam) for offences punishable under Sections 120-B r/w Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and under Sections 420, 468,467 and 471 IPC. 2. It is contended by the petitioner who has been arraigned as accused No.4 in the case, that he is totally innocent of the charge levelled against him. The contention of the petitioner is that the accusation against him that he had conspired with the other accused and made alteration in nine consignment copies, is totally baseless. Admittedly, petitioner was working as Branch Manager in the Transport Corporation of India at its Kanjirappally Branch, at the relevant point of time. 3. I have carefully perused the various contentions raised by the petitioner in this petition. I have also perused the charge Crl.M.C.No.2143 of 2006 - C 2 sheet (Annexure A1) filed by the CBI, Special Police Establishment, Ernakulam. 4. Having considered the contentions raised by the petitioner and having perused the materials available on record, I have no hesitation to hold that petitioner cannot be granted any relief in this petition filed under Section 482 of the Code of Criminal Procedure. The contentions urged by the petitioner fall squarely in the realm of questions of fact which can be considered only in the course of the trial. Petitioner has to necessarily raise all these contentions before the trial court in the course of trial of the case. Therefore, the Crl.M.C. is dismissed, reserving liberty to the petitioner to take up all his contentions before the trial court. It is made clear that I have not considered the merit of any of the contentions raised by the petitioner in this petition. A.K.BASHEER, JUDGE. bkn/-