IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5370 of 2006()
1. P.V.SURGA RAO, S/O.P.JAGANANTHA RAO,
... Petitioner
Vs
1. CENTRAL BUREAU OF INVESTIGATION,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :31/08/2006
O R D E R
J.M.JAMES, J.
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B.A. 5370/2006
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DATED THIS THE 31ST DAY OF AUGUST, 2006
O R D E R
The petitioner was working as the Protector of
Emigrants, in the office at Thiruvananthapuram. He
joined the station, on September, 2005.
2. The prosecution allegation is that the
petitioner, as part of the conspiracy hatched by himself
with seven travel agents of the area, had cleared the
emigration of many travellers to foreign countries, who
had forged or fake documents; like passports, visa and
other travel documents. Further allegation is that the
petitioner had collected bribe from different travel agents
and therefore, his daily illegal collections surged to Rs.
30,000/- to Rs. 40,000/- per day. It is also alleged that the
petitioner had opened an account in HSBC Bank,
Thiruvananthapuram, and deposited an amount of
Rs.11.69 lakhs between January 2006 to April 2006.
When the investigation started, and his premises in
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Thiruvananthapuram and Vishakhapatanam were
searched, he had transferred the said amount, in the
name of one Salahudin, another travel agent at
Thiruvananthapuram. Salahudin withdrew the above
amount, and deposited in the account of Surya Rao, the
account being opened in an abridged name of the
petitioner, in HSBC Bank.
3. The learned Standing counsel for the CBI,
S.Sreekumar, gave various details of the amount
deposited by the petitioner, in his account. The counsel
therefore, prayed that the interrogation of the
petitioner, in custody, is necessary.
4. The learned counsel Mr.S.Rajeev had
submitted that the petitioner had already been
interrogated on more than one occasion and therefore,
further custodial interrogation may not be required. The
counsel further submitted that the petitioner would
always be available for interrogation and it is because of
the unscientific approach of the CBI, that he was not
able to face them as a free citizen and divulge every
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information in his knowledge, so that his innocence
could be established.
5. After hearing both sides and considering the
materials that are placed before me, I direct the
petitioner, P.V.Surya Rao, the former Protector of
Emigrants, who is now on suspension, to surrender
before the Investigating Officer, Kochi, in crime
No.R.C.13(A)/2006 of SPE/CBI/Kochi on 12.9.2006
between 10.00 a.m and 10.30 a.m., as the CBI is
investigating the offence alleged against him and others,
for the offence punishable under Sections 420, 468, 471
and 120B IPC and also under Sections 13(2) read with
Section 13(1)(d) of the Prevention of Corruption Act,
1988.
6. The Investigating Officer shall interrogate the
petitioner and thereafter, produce him before the Court
below, as per the law.
7. The learned Special Judge SPE/CBI 1,
Ernakulam, shall consider the applications for bail and
custodial interrogation, that may be filed by the
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petitioner and the Investigating Officer respectively, and
pass orders on merit, on both the applications, on the
date of production itself, considering the contentions
that may be raised by either side, before that Court.
The application is disposed of as above.
J.M.JAMES
JUDGE
mrcs