NARAYANAN S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

(2.) The applicant is the accused No.2 in Crime No.VC-02/2023/V&ACB SIU-II, Thiruvananthapuram. The offences alleged are punishable under Sec. 7(b)(1)(i) of Prevention of Corruption Act and Ss. 120B and 34 of IPC.

(3.) The prosecution case, in short, is as follows:- The applicant and the accused No.1 are the public servants. The accused No.1 was the investigating officer in VC/6/2015/SCT, which was a crime registered against the applicant. The accused No.1 after a detailed investigation, filed a refer report on 12/2/2021 as mistake of fact. The report was accepted by the court and the case was closed. The prosecution alleges that the accused No.1 conspired with the applicant and with their common intention and ulterior motive referred the above case with the malafide intention to save the applicant from the clutches of law. It is further alleged that the applicant deposited an amount of Rs.50,000.00on 30/9/2021 in the Savings Bank account maintained in the name of the son of the accused No.1 at Federal Bank, Kazhakkoottam Branch, which according to the prosecution is the gratification money paid by the applicant for referring the case against him.