SANTY GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a practising Advocate at Thiruvananthapuram, who had appeared for the 3rd accused Anil Das @ Jeerakam Ani in Sessions Case No.974 of 2006 before the Additional Sessions Court (Adhoc -II), Thiruvananthapuram. The defacto complainant was the Prosecutor, who was appearing for the prosecution in that particular case.

(2.) The aforesaid Sessions Case culminated in conviction and sentence of the accused. When the court disbursed after imposing the sentence, the defacto complainant was sitting and going through the judgment in the court hall. While so, the said accused, who was in the custody of the police personnel, and was waiting for the warrant, approached the defacto complainant with the permission of the police personnel. The accused allegedly divulged an information to the defacto complainant that he had parted with an amount of 25,000/ -, as demanded by the defence counsel for handing over the same as bribe/illegal gratification to the defacto complainant, for influencing him. The accused further told him that during the final hearing of the case only, he could realise that the amount was not handed over to the defacto complainant.

(3.) Shocked by the revelation made by the accused, the defacto complainant preferred Annexure -A complaint before the concerned Additional Sessions Court detailing all what had happened. The learned Additional Sessions Judge forwarded the complaint to the Sessions Court, from where, the same was forwarded to the court below.