K.S.Ramankutty vs C.B.I. on 16 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2143 of 2006()


1. K.S.RAMANKUTTY, KADAVIL HOUSE,
                      ...  Petitioner

                        Vs



1. C.B.I., SPECIAL POLICE ESTABLISHMENT,
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE

                For Petitioner  :SRI.T.V.GEORGE

                For Respondent  :SRI.S.SREEKUMAR, SC FOR CBI

The Hon'ble MR. Justice A.K.BASHEER

 Dated :16/10/2008

 O R D E R
                          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/-