C.P.JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The 8th accused in CC No.16/2007 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram arising from Crime No.13/1999 of VACB, Thiruvananthapuram for offences punishable under section 13(1)(c) and Section 13 (1) (d) read with section 13(2) of the Prevention of Corruption Act and section 120B of IPC, is the revision petitioner.

(2.) The revision petitioner was the Chief Promoter of Kazhakoottam Cooperative Spinning Mills Ltd. Crux of the allegation of the prosecution was that, on the request of the revision petitioner in his capacity as a Chief Promoter, the co-accused who were the members of the Board of Directors of Thiruvananthapuram Service Co-operative Bank, resolved to deposit a sum of Rs. 5 Lakhs in Kazhakoottam Co-operative Spinning Mill Ltd, for six months and accordingly on 17/121994, a cheque was handed over to the petitioner. A surprise check was conducted in the head office of Thiruvananthapurm Service Co-operative bank on 15/5/1999 which revealed the above deposit of Rs. 5 Lakhs. Alleging that the President and the members of the Service C-operative Bank had abused their official position and gave Rs. 5 Lakhs to the Chief Promoter of the Kazhakoottam Co-operative Spinning Mill Ltd, without conducting proper enquiry about the bona fides of the applicant and thereby caused loss to the Co-operative Bank and pecuniary advantage to the revision petitioner, Crime was registered as VC No.13/1999/SIU dated 19/7/1999 by the VACB, Thiruvananthapuram. This was pursuant to the sanction accorded by the VACB to register a case under section 13(2) read with section 13(1)(d) of the PC Act.

(3.) According to the prosecution, the investigation revealed that, on 16/12/1994 the revision petitioner requested the Thiruvananthapuram Service Co-operative Bank to make arrangement to take share in the Spinning Mills Ltd, to a minimum of Rs. 5 Lakhs by way of deposit.