IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 579 of 2007()
1. V.B.MOHAMMEDKUTTY, S/O. BAPPU,
... Petitioner
Vs
1. STATE OF KERALA-REPRESENTED BY THE
... Respondent
2. S.P. CRIME BRANCH, PALAKKAD.
For Petitioner :SRI.C.S.MANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/02/2007
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 579 OF 2007
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DATED THIS THE 5TH DAY OF FEBRUARY, 2007
O R D E R
Petitioner who is the 4th accused in Crime No.284/02 of Kondotty
Police Station for offences punishable under sections 120B and 384
read with section 34 IPC and sections 7, 8, 13(1)(b) and 13(2) of the
Prevention of Corruption Act, 1988, seeks his enlargement on bail.
Petitioner surrendered before the Investigating Officer as directed by
this court in the order dated 10.1.2007 in B.A.7206/06 and after
interrogation he was produced before the Magistrate on 24.1.2007 and
he was remanded to judicial custody where he continues.
2. Counsel for the petitioner raised a contention that since
offences under the Prevention of Corruption Act are also involved
against a Customs Officer who is a public servant removable by the
Central Government, the investigation should have been transferred to
the Central Bureau of Investigation and the Special Court (SPE CBI)
alone should have considered the matter thereafter.
3. Shri P.G.Thampi, the learned Director General of
Prosecution submitted that noticing this aspect of the matter the Crime
Branch Police had forwarded the files to the CBI and they had
approved the investigation and had permitted the Crime Branch Police
BA.579/07
Page numbers
to continue with the investigation. If so, the petitioner cannot have
any grievance about the investigation being conducted by the State
Police especially when it is not the petitioner who is the public servant
concerned.
4. The learned Director General of Prosecution submitted that
but for the revision filed by the petitioner before the Sessions Court,
Manjeri, a custody application filed before the Magistrate should have
disposed of in which case, he would not have been raised any
objection in granting bail to the petitioner. If a petition for police
custody of the petitioner is pending before the Magistrate, he cannot
be granted bail till the disposal of the said petition. Accordingly, the
J.F.c.M.-I, Malappuram shall release the petitioner on bail on
appropriate conditions safeguarding the interest of the prosecution,
including the condition to surrender his passport after the disposal of
the custody application, if any pending before him.
This application is disposed of as above.
V.RAMKUMAR, JUDGE
dsn