IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 32470 of 2009(Q) -------------------------- VIGILANCE CASE NO.4/2006 OF THE VIGILANCE & ANTI CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM PETITIONER(S): --------------- R.USHA PRASAD @ ,MINAL BEEGAM, W/O. R. REJENDRA PRASAD, AGED 48, RESIDING AT 35/362, H. N O. 3 (A1), CHAKKOLAS VILLAS, KOONAMTHAI, SOUTH KALAMASSERI, ERNAKULAM. PRESENTLY RESIDING AT FLAT NO.2A GOKULAM ADITHYA APARTMENT KOLLAMKUDI MUGHAL ROAD TRIKKAKARA P.O, KOCHI-21 BY ADV. SRI.K.R.VINOD RESPONDENT(S): --------------- 1. THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM. 2. THE DIRECTOR , VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURM. 3. THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM. 4. STATE OF KERALA, REP. BY ADDITIONAL SECRETARY TO THE GOVERNMENT, THIRUVANANTHAPURAM. 5. THE SENIOR MANAGER, PUNJAB NATIONAL BANK, DURBAR HALL ROAD, ERNAKULAM KOCHI-16. SPECIAL GOVERNMENT PLEADER FOR VIGILANCE MR.B.VINOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No.32470 of 2009 -------------------------------------- Dated this the 30th day of July, 2010 J U D G M E N T Petitioner, who is the wife of one Rajendra Prasad, who was the Deputy Transport Commissioner at Thrissur and presently an accused in Vigilance Case No.4/2006 of the Vigilance and Anti Corruption Bureau, Special Cell, Ernakulam, seeks a direction to the 5th respondent, the Senior Manager, Punjab National Bank, Ernakulam to release the maturity amount covered by the fixed deposit No.427300 PR 00000912 dated 20.6.2007 standing in the name of the petitioner and direct respondent Nos.1 to 4 (the Inspector of Police, the Director, the Superintendent of Police and State of Kerala) not to restrain the 5th respondent, the Senior Manager, Punjab National Bank, Ernakulam from releasing to the petitioner the maturity amount covered by the aforesaid fixed deposit. The maturity value of the fixed deposit receipt referred to above as well as the entitlement of the petitioner to receive the same is disputed by the respondent Nos.1 to 4. This Court will not go into disputed questions of fact in this writ petition filed under Article 226 of the Constitution of W.P(C) No.32470 of 2009 : 2 : India. The petitioner may move the Enquiry Commissioner and Special Judge, Thrissur or to the Special Court, where the FIR has been forwarded, for interim custody of the maturity value of the fixed deposit receipts, since according to the learned Public prosecutor the act of freezing the deposit account amounts to seizure. In case the petitioner files an application within one week from today, the same shall be considered and disposed of within two weeks thereafter. Reserving the right of the petitioner to move the Special Court, this writ petition is disposed of. V.RAMKUMAR, JUDGE dmb