AJITHKUMAR N. Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

(2.) In B.A.No.4530/2023, the applicant is the accused No.1 in Crime No.53/2023 of Feroke Police Station, Kozhikode District. The offences alleged are punishable under Ss. 468 and 471 of the Indian Penal Code and Sec. 66(C) and 66(D) of the Information Technology Act. In B.A.No.4541/ 2023, the applicant is the accused No.1 in Crime No.52/2023 of Feroke Police Station, Kozhikode District. The offences alleged are punishable under Ss. 468 and 471 of the Indian Penal Code and Sec. 7 of the Prevention of Corruption Act.

(3.) The prosecution case, in short in both the cases, is that conditional permit was issued to one Dr.Ameer Ali Marakkar from Ramanattukara Municipality to construct a building at the premises of Ramanattukara bypass misery junction. After completion of the construction, the above said Ameer Ali submitted completion plan before the Municipality. When the engineering department inspected the premises it was found that construction of the building was put up in the property, coming under Kerala Conservation of Paddy Land and Wetland Act and Rules, therefore it is involved in the data bank. Hence, show cause was issued to Mr. Ameer Ali. Without giving any reply to the show cause notice, he applied for unauthorised construction number. Therefore to collect the excess tax and assignment for unauthorised construction number the Municipal Secretary entrusted the file to the accused who was the revenue inspector of Ramanattukara Municipality. The facts being so, instead of giving unauthorised construction number to above said Ameer Ali, the applicant fraudulently entered regular building numbers in the Ramanattukara Municipality Assessment Register to appear that it is original and thereby committed the offence.