Wilson P. M vs State Of Kerala Represented By The Public Prosecutor

Jobin Sebastian, J

This petition seeking regular bail has been filed by the sole accused in V.C.No.23/2025 of VACB Ernakulam, registered, alleging commission of offence punishable under Section 7(a) of the Prevention of Corruption (Amendment) Act, 2018.

The prosecution allegation is that the accused was working as an Executive Engineer in the Edamalayar Irrigation Project. While so, on 15.10.2025, the complainant filed an application via online mode for getting a C-class contractor’s licence. However, the licence was not issued, and as repeated enquiries did not yield any result, the complainant approached the office and met the accused. Then the accused, who was working as the Executive Engineer, demanded an amount of Rs.15,000/- as illegal gratification for allowing the licence. Accordingly, on 01.12.2025, the complainant gave that amount to the accused, and at that time, the latter was caught red-handed with the said money by the vigilance team. Hence, the accused is alleged to have committed the above-mentioned offence.

I heard Smt. Divya C. Balan, the learned counsel appearing for the petitioner and Sri. U. Jayakrishanan, the learned Public Prosecutor and perused the available records.

From a perusal of the records, it is discernible that the accusation against the petitioner is prima facie well-founded. The allegation that the petitioner, who is blessed with a Government job and presently working as an Executive Engineer, demanded and obtained a bribe for performing a public duty cannot be viewed lightly. The incidents of corruption among public servants are rampant in our society. Therefore, the perpetrators of these sought of offences are to be dealt with heavy hands.

Anyhow, the petitioner was caught red-handed with the bribe amount by the vigilance officials on 28.11.2025, and since then he has been under judicial custody. The investigation in this case has crossed its major and crucial stage and is on the verge of completion. As the investigation has progressed substantially, further judicial incarceration of the petitioner would not serve any purpose at this stage. Hence, having regard to the days of detention already undergone by the petitioner and the stage of investigation, I am inclined to grant bail to him on following conditions:

The Petitioner shall execute a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

The petitioner shall appear before the Investigating Officer on every Monday between 10 a.m. and 11 a.m. for a period of three months or until the final report is filed, whichever occurs first.

The petitioner shall co-operate with the investigation and shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

The petitioner shall not leave India without permission of the jurisdictional Court.

The petitioner shall surrender his passport before the jurisdictional court within seven days of his release from jail and if he has no passport, he shall file an affidavit to that effect before the jurisdictional court.

The petitioner shall not commit any offence while on bail.

If the petitioner violates any of the above conditions, the investigating officer is at liberty to file an appropriate application for cancellation of bail before the jurisdictional court, and if such an application is filed, the jurisdictional court can pass appropriate orders irrespective of the fact that this order is passed by this Court.