JAYAPRAKASH.T. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner stands arrayed as the first accused in FIR No.2/2019 of Vigilance & Anti-Corruption Bureau, Thiruvananthapuram for offences punishable under sections 7,13(1)(d) read with section 13(2) and 15 of the Prevention of Corruption Act and under Sections 465 , 468 , 471 , 420 and 120B IPC.

(2.) According to the prosecution, on 18/4/2014, officials of the Kaduthuruthi police station conducted a search in toddy Shop No.24 of the Kaduthuruthi Excise Range, in connection with Crime No.482/2014. Samples were drawn from the toddy kept for sale. The samples were forwarded to the Chief Chemical Examiners' Laboratory, Thiruvananthapuram for chemical analysis. Methanol and formaldehyde, which were toxic and noxious substances, dangerous to the human life, were detected in the sample vide certificate No.6043/2017 dated 10/1/2017. The licensees, who allegedly got secret information about the result, hatched conspiracy with accused 1 and 2, who were working in the chemical examiners' laboratory as analyst and UD typist respectively, who by way of corruption and illegal means misused their official status and forged another chemical analysis report on 25/11/2017 in the place of the original certificate No.6043/2017. Fake signature of Assistant Chemical Examiner and forged seals were affixed on the forged certificate and the certificates so prepared were forwarded to the Sub Inspector of Police,Kaduturuthy and JFMC, Vaikom. Later forgery was detected and pursuant to the complaint lodged, Vigilance and Anti Corruption Bureau took over the investigation. FIR No.2/2019 was registered arraying the petitioner as the first accused and UD typist as the second accused. Apprehending that the petitioner is likely to be arrested in connection with the above crime, he seeks bail.

(3.) The contention of the petitioner herein is that, he is absolutely innocent and false allegations are raised against him due to extraneous reasons. According to him, he had never worked in the Excise Division where the actual chemical analysis of the sample was done and the certificate prepared. He had no access to the Excise Division. The data therein were prepared confidentially . It was stated that computer of every analyist was provided with User name and were pass word protected . No outsider can have access to it. It was further contended that the alleged forgery took place on 25/11/2017. Annexure A2, which is a copy of the chemical analysis certificate received at JFMC Vaikom, now carries an endorsement dated 11/12/2017, of Sheela Das, the Assistant Chemical Analyst affirming that the signature seen on Annexure 2 was not her signature. It was contended by the petitioner that though, even on 11/12/2017, it was revealed that the signature of Sheela Das was forged, crime was registered only on 2/3/2019. According to the petitioner, this long delay in registering the crime assumes significance in the light of the allegations raised against him. It was contended that the Chief Chemical Examiner, one Smt.Gracykutty and one Joy Francis, chemical analyst, were maintaining animosity towards him, which was due to inter departmental rivalry. Petitioner was denied his due promotion, pursuant to which he had moved the Kerala Administrative Tribunal seeking reliefs. In the meanwhile he was implicated in the above crime for having moved the Tribunal. The delay in registering the crime projecting the petitioner as accused assumes significance in this background, it was argued. It was also contended that he has fully co-operated with the investigation. His handwriting was recorded and the computer used for preparing the chemical analysis report was recovered. Hence, the custody of the petitioner was not essential. Hence, he sought for bail.