DAISY M.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner herein is the sole accused in VC No.5/2019 registered by the VACB, Kottayam Unit for offence punishable under section 7 of the Prevention of Corruption Act.

(2.) The Defacto Complainant had filed a complaint to the Municipality alleging that his neighbour had raised the level of a pathway. Pursuant to it, the petitioner, who was the assistant engineer of the Municipality, conducted a site inspection. Alleging that after completion of the local inspection the assistant engineer allegedly demanded a bribe of Rs.2,000/-, Ext.P1 complaint was laid before the VACB. Complaint was recorded on 17/6/2019 and a trap was arranged. When the officers of the VACB reached the office of the petitioner, she was not available there. When she came to the office, tainted money was allegedly recovered from the drawer of the table in the cabin of the petitioner. Pursuant to the registration of the crime arraying the petitioner as accused, she was placed under suspension.

(3.) While so, the second respondent filed Crl.M.P.No.33/2020 in VC No.5/19/KTM before the Enqury Commissioner and Special Judge Kottayam seeking a direction to the petitioner to appear before Chitranjali Studio, Thrikkakara, for collecting her voice sample. It was stated in the application by the VACB that the voice of the petitioner demanding bribe was recorded by the complainant with his gadget and the voice clip was copied by a computer expert. The learned Special Judge allowed the above application without issuing notice to the petitioner, directing her to appear at Chitranjali Studio, Thrikkakara, on 22/1/2020 for recording her voice sample. This order is under challenge in this original petition.