P.VELAYUDHAN NAIR 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.1 in Crime No.VC02/2023/SIU-II, Thiruvananthapuram. The offences alleged are punishable under Ss. 7(b) and 8 (1)(i) of the Prevention of Corruption Act, 1988 and Sec. 120-B r/w Sec. 34 of the Indian Penal Code.

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