K.DILEEPKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the fifth accused in the case C.C.No.34/2011 pending in the Court of the Enquiry Commissioner and Special Judge, Thrissur.

(2.) Accused 1 to 4 in the case were the Managing Director, General Manager, Deputy General Manager (Project) and Assistant Engineer respectively in the company, Malabar Cements Limited. Accused No.5 was the Senior Manager (Technical Services) and Accused No.6 was the Managing Director of the company M/s.AIA Engineering Limited.

(3.) The prosecution case, in short, is that, Accused 1 to 4, who were public servants, entered into a conspiracy and pursuant to such conspiracy, without inviting public tenders, they purchased a complete set of cement mill internals, which were totally unnecessary for Malabar Cements Limited, from the company AIA Engineering Limited and thereby caused loss of Rs.1,11,58,641/- to their company. The prosecution alleges that Accused 5 and 6 had participated in the above mentioned conspiracy and they had obtained pecuniary gain for the company M/s.AIA Engineering Limited.