Sankaran Namboothiri vs State Of Kerala

K.Babu, J

The prayers in the Criminal M.C are as follows:

“(i) Quash Annexure-3 Charge and all further proceedings in C.C. No.105/08 (V.C.9/2001/KTM) dated 22.6.2009 now pending as L.P. No.1/2009, on the file of Enquiry Commissioner & Special Judge, Kottayam so far as it relates to the petitioner and all further proceedings pursuant to Annexure-3;

(ii) Grant such other reliefs this Hon’ble Court deems fit and proper, in the circumstances of the case.”

The petitioner is accused No.9 in C.C No.105/2008 on the file of the Court of the Enquiry Commissioner and Special Judge, Kottayam. The offences alleged against the petitioner and the other accused are punishable under Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act and Sections 465, 468 and 120B of the Indian Penal Code.

The Court below proceeded with the trial of the case against accused Nos.1 to 3 and 6 to 8. The petitioner/accused No.9 remained absconding. The Court below, after conclusion of the trial, found accused Nos.1 to 3 and 6 to 8 not guilty of the offences alleged. The case against the petitioner was placed under the register of Long Pending cases, which is now pending as L.P No.1/2009.

Heard Sri.V.B.Premachandran, the learned counsel appearing for the petitioner/accused No.9 and Sri. Rajesh.A, the learned Special Government Pleader (Vigilance) appearing for the respondents.

The learned counsel for the petitioner submitted that the petitioner was unaware of the proceedings pending before the Trial Court and he came to know about the proceedings very recently. It is further submitted that the petitioner is a senior citizen suffering from old age ailments.

The learned counsel for the petitioner further contended that in view of the fact that the principal accused were acquitted in this case, the charge against the petitioner would not sustain.

The learned Special Government Pleader, per contra, contended that the acquittal of the other accused would not in any way enure to the benefit of the petitioner and he has to face the trial before the Court below.

The learned counsel for the petitioner submitted that the petitioner is prepared to appear before the Court below and face trial. The learned counsel further submitted that the petitioner is intending to file an application for bail before the Trial Court. The learned counsel for the petitioner made an undertaking that the petitioner will regularly appear before the Court below in future.

The Trial Court is, therefore, directed to consider and dispose of the application for bail, if any, filed by the petitioner, in the light of Anx.A4 judgment dated 16.09.2009 in C.C.No.105/2008. The Court below shall also take into account the age of the petitioner. The Court below shall dispose of the application preferably on the date of filing itself.

The petitioner is given the liberty to challenge the charge against him in C.C No.105/2008 if he is advised so.

The Criminal M.C is closed as above.