ANWAR M M Vs. STATE OF KERALA

JUDGEMENT

(1.) This application for bail is submitted by the third accused in Crime No.83/2020 of Thrikkakkara Police Station for offences punishable under Sections 403 , 409 and 420 of the Indian Penal Code and Section 13 (1) (a) of the Prevention of Corruption Act .

(2.) According to the prosecution, first accused was the section clerk in the Redressal Cell of the Ernakulam District Collector, constituted for the release of the Chief Minister's Distress Relief Fund. As per the system prevalent in the cell, amounts due to beneficiaries who have suffered loss due to the 2018 floods would be distributed from the Flood Relief Fund through BIMS (Bill Information Management System) software. The system was user name enabled and password protected. Amounts would be directly remitted in the bank account of the beneficiaries. Sometimes transfer to accounts of certain beneficiaries could not be completed because of shortcomings like incorrect account numbers, incorrect beneficiary names, minimum balance restriction etc. Such funds used to revert back to the treasury account and kept in a separate head. This was known to the first accused who was conversant with the digital transfer method of funds. According to the prosecution, he entered into a criminal conspiracy with his friend, the second accused and with the aid of the remaining accused, transferred huge amounts from the returned funds to the joint accounts of the 3rd and 4th accused as well as the 6 th and 7th accused. 4th accused is the wife of the 3 rd accused. The 3rd and 4th accused had a joint account in the Ayyanad Service Co-operative Bank, Vazhakkala. The prime accused allegedly solicited the assistance of

(3.) rd and 4th accused to draw the amount diverted from the CMDRF through the bank account of the petitioner herein. An amount of Rs.5,00,000/- (Rupees five lakhs only) was initially transferred and drawn through the account of the petitioner herein. When the next installment reached, bank officials got suspicious and conducted an enquiry. It led to the disclosure of the conspiracy of the accused. Crime was registered against the accused. 3. The petitioner, pursuant to this Court's order in BA.No.1680/2020 surrendered before the Investigating Officer on 24.06.2020 and he was arrested after interrogation. On production before the court below, he was remanded. He is in custody since then. He seeks bail.