SAM JOHN T.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The first Criminal Miscellaneous Case is preferred challenging Annexure-F Final Report, based upon which C.C. No.1/2023 is pending consideration of the Special Court, Kottayam. The Original Petition second above referred is one challenging Ext.P9 and P13 orders, the first of which permits the prosecution to conduct further investigation in C.C.No.1/2023 and another Calendar Case under Sec. 173(8) Cr.P.C; and the second, directing the petitioner to appear before the Investigating Officer to give the specimen signature and hand writing.

(2.) Heard the learned counsel for the petitioners in both these matters and the learned Special Public Prosecutor (Vigilance).

(3.) Accused nos.2 to 8, 10 and 12 in Crime No.02/2014/ERK of Vigilance and Anti-Corruption Bureau Eastern Range, Kottayam are the petitioners in Crl.M.C. No.6348 of 2023. The prosecution case centers around the allegation that the accused persons have criminally conspired, with malafide intention, to manipulate the staff fixation done by the Education Department and fraudulently issued bogus transfer certificate in the name of twelve fictitious students, utilising which, the second accused fabricated twelve bogus admissions. In the name of twelve other students, who were studying in the K.G. Sec. , bogus admissions were created, thus creating 24 bogus/fictitious pupil altogether during the academic year 2009-2010. The whole exercise was to prevent the division fall, so as to enable accused nos.7 and 12 to continue in their job and to obtain pecuniary advantage illegally, thus committing the offences under Sec. 13(1)(d), read with Sec. 13(2), of the Prevention of Corruption Act ('P.C. Act', for short) and also, under Secs. 465 and 120B of the Indian Penal Code, 1860 ('Penal Code', for short).