BABU ALEXANDER Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 439 of the Criminal Procedure Code by the accused in C.C. No. 1 of 2019 of Wayanad Vigilance and Anti Corruption Bureau. That is a case registered alleging offence under Section 13(a) of the Prevention of Corruption Act and also under Sections 468, 471 and 409 of the Indian Penal Code.

(2.) Admittedly, petitioner was the Assistant Director of Agriculture, Mananthavady during the period from 30.08.2013 to 24.11.2017. It is alleged that during that period he committed huge financial misappropriation, to the tune of Rs.1.26 crores. Such misappropriations were detected during an inspection by the Finance Inspection Wing. On that basis the petitioner was kept under suspension from service. Later, after conducting a domestic enquiry, he stands terminated from service. The Vigilance and Anti Corruption Bureau of Wayanad district registered the crime on the basis of the intimation given by the Deputy Director of Agriculture and, after investigation, the petitioner was called to the Vigilance office by serving Annexure-1 notice under Section 41A of the Cr.P.C. Accordingly he appeared before the Investigating Officer, and was arrested on 24.11.2021 and was produced before Court on 25.11.2021 and since then is in judicial custody. His application for bail moved before the Enquiry Commissioner and Special Judge, Thalassery stands dismissed by order dated 27.11.2021, Annexure-2; aggrieved by the same the petitioner has moved this Court.

(3.) I heard Sri. P.N. Sukumaran, the learned counsel for the petitioner and also Sri. Rajesh, the learned Special Public Prosecutor for the respondents, in detail.