JOSEMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The second accused in V.C.No.11/2021/KTM of Vigilance and Anti Corruption Bureau Kottayam, for offences punishable under S.7 of Prevention of Corruption Act r/w 120B of IPC, is the applicant in B.A.No.9953 of 2021. The sole accused in V.C.No.1 of 2022/SCE of VACB of Special Cell Ernakulam for offences punishable under S.13(2) r/w S.13(1)(e) of the PC Act and 13(2) r/w S.13(1)(b) of the PC Act is the applicant in B.A.No.677 of 2022. Both the applicants are the same.

(2.) The common petitioner was the Environmental Engineer in the Kottayam Office of Kerala State Pollution Control Board. The first accused in V.C.No.11/2021/KTM is the successor in office of the petitioner, as the Environmental Engineer of Kottayam office. The crux of the allegation in V.C.11/2021/KTM is that, both the persons, being public servants conspired with the intention of harassing the defacto complainant, who was a factory owner, not to issue Non-pollution Certificate for running his company unless their illegal gratification for money was satisfied. It is alleged that, the first accused demanded Rs.25000.00 and the petitioner herein had earlier demanded 1 lakh of rupees. On the basis of the complaint laid by the defacto complainant to the Vigilance on 14/12/2021, a trap was laid. Thereupon, first accused was arrested in the course of handing over of the currency notes. Crime was registered on 15/12/2021, He was produced before the Court and was remanded. Thereafter, a search was conducted in the house of the petitioner herein and cash, gold, shares and several incriminating documents evidencing possession of disproportionate assets were recovered. Petitioner was arrayed as the second accused in that crime. Apprehending arrest, B.A.No.9953 of 2021 is filed. In V.C.No.1/2022/SCE, the allegation is that, pursuant to the registration of crime and the arrest of the first accused in V.C.No.11/2021/KTM, a search was conducted in the house of the petitioner herein. Fixed Deposit receipts and documents, share certificates to the tune of Rs.2.25 crores in the name of the petitioner, his wife, father and relatives were seized. Documents evidencing the ownership of several items of properties totalling to a sum around 5.5 crores were also recovered. Besides these, currency of several foreign countries and Indian currencies worth Rs.1,56,815.00 were also recovered. Claiming that, all the above were tainted income, and that the petitioner has acquired properties disproportionate to his known source of income, V.C.No.1/2022/SCE was registered. Apprehending arrest, the petitioner has approached this Court seeking pre-arrest bail.

(3.) Heard both the learned counsel for the petitioner in each case, learned Special Government Pleader for Vigilance and also the learned counsel for the defacto complainant in V.C.No.11/2021/KTM. Though an application for impleadment was filed by the defacto complainant in V.C.1/2022/SCE, without allowing that application, the counsel was permitted to be heard only in V.C.No.11/2021/KTM, he being the defacto complainant in the above complaint. Examined the records.