IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.MC.No. 2382 of 2010() ------------------------- CC.7/2006 of SPECIAL JUDGE (SPE/CBI)-I, ERNAKULAM .................... PETITIONER(S): PETITIONER/1ST ACCUSED ---------------------------------------------------------------------- T.GOPALAKRISHNAN, SAKETH, K.P.KARAT COMPOUND, WEST NADAKKAVE, CALICUT - 11. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------------------------------------------------ THE SUPERINTENDENT OF POLICE, C.B.I. COCHIN UNIT. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2382 of 2010 = = = = = = = = = = = = = = Dated this the 20 th day of July, 2010 ORDER Petitioner, who is the 1st accused in R.C.No.2(A) of 2006 of C.B.I., Kochi unit and now pending before the Special Court (SPE/CBI)-I, Ernakulam, as C.C.No.7/2006 for offences punishable under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988, challenges Annexure II order dated 29.01.2010 passed by the Special Judge (SPE/CBI)- I, Ernakulam dismissing his application (C.M.P.No.1747/2009) filed under Section 451Cr.P.C for release of six Fixed Deposit receipts and one National Savings Certificate having a total face value of Rs.3,80,188/-. 2. According to the petitioner, the above application was filed in view of the fact that the petitioner's daughter's marriage is proposed to be conducted on 1.12.2010 for which the engagement ceremony is scheduled to be held on 10.09.2010. Petitioner does not have any other source to raise the money to conduct the marriage, unless he is permitted to encash the Fixed Crl. M.C. No. 2382 of 2010 2 Deposit receipts and National Savings Certificate. 3. I heard Adv.Sri.V.G.Arun, the learned counsel appearing for the petitioner as well as Sri.M.V.S.Namboothiri, the learned Standing Counsel for the CBI. 4. Sri.M.V.S.Namboothiri, the learned Standing Counsel for the CBI submitted that the court below has given valid reasons for not allowing the petition. Since the petitioner is facing a charge under Sections 13(2) read with 13(1)(e) of the Prevention of Corruption Act for having amassed wealth disproportionate to his known source of income, if the securities in question are permitted to be encashed, it will be difficult for the Court to realize the amounts from the petitioner. 5. Pending this Crl.M.C, the petitioner along with his wife (who is the 2nd accused) have filed a joint affidavit dated 17.7.2010 wherein the petitioner's wife has offered as security 14.25 cents of immovable property comprised in Re- sy.Nos.3/8/508, 3/8/514 and 3/8/513 of Kacheri village in Kozhikode Taluk absolutely belonging to the wife of the petitioner and which is not subject to any encumbrance, attachment or charge. In the light of the said affidavit by the Crl. M.C. No. 2382 of 2010 3 wife of the petitioner offering the said property as security for the Fixed Deposit receipts and National Savings Certificate referred to above, I am inclined to allow this petition. Accordingly, C.M.P.No.1749/2009 filed by the petitioner before the court below shall stand allowed on the petitioner's wife offering the said immovable properties as security for the aforesaid Fixed Deposits and National Savings Certificate. On the petitioner and/or his wife offering the said immovable property, the Special Court shall release the above fixed deposits and National Savings Certificate to the petitioner. The release on interim custody of the said securities shall be subject to final orders under Section 452 Cr.P.C. It shall be open to the court below to call upon the petitioner to execute a bond with solvent sureties and incorporating the necessary undertaking. Dated this the 20th day of July, 2010. V. RAMKUMAR, JUDGE sj