MURUKAN M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, 'the BNSS' hereinafter) by the petitioner, who is the sole accused in C.C.No.4/2019 on the files of the Enquiry Commissioner and Special Judge, Kozhikode, challenging Annexure A3 common order in C.M.P.Nos.401/2025 and 402/2025, dtd. 19/6/2025.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

(3.) This is a case where the prosecution alleges commission of offences punishable under Ss. 7, 13(1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988' hereinafter) by the accused/petitioner herein. The allegation is that, at about 16.10 hrs. on 29/7/2016, the accused, who had been working as Village Assistant at Thennala Village Office, Malappuram, demanded illegal gratification of Rs.6,000.00 from one Sri.Anas Tharammal, who was examined in this case as PW11 and thereafter, accepted the same during trap proceedings and accordingly, the accused was red-handedly arrested. As of now, in this case, charge framed on 10/9/2024 and trial started on 24/9/2024. On 7/5/2025, the complainant got examined as PW11 after securing his presence from abroad. Now, prosecution evidence completed and the accused was questioned under Sec. 313(1)(b) of the Code of Criminal Procedure and the case posted for defence evidence on 16/6/2025.