P.J.ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st accused in C.C.No.235/2016 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha, arising out of Crime No.08/2004 of the Vigilance and Anti-Corruption Bureau, Idukki, has filed Crl.R.P.No.545/2026 challenging the order dtd. 4/3/2026 in C.M.P.No.341/2022 in the said case, whereby the plea for discharge moved by the 1st accused was dismissed. The 3rd accused, who had also filed C.M.P.No.1383/2016 in the same case seeking discharge, has filed Crl.R.P.No.505/2026, challenging dismissal of the same.

(2.) Heard the learned counsel for the revision petitioners and the learned Public Prosecutor, in detail. Perused the records.

(3.) The prosecution case is that accused Nos.1 to 3 hatched conspiracy and in pursuance of the said conspiracy, they proceeded in this matter. The allegation is that the 3rd accused, a planter had been engaged in agricultural operations in his property, the properties of his family members, and the properties of other persons on the strength of powers of attorney executed by those landowners situated in Marayoor Village, Devikulam Taluk. During this period, the 2nd accused was the Agricultural Officer, Marayoor and the 1st accused was the Assistant Director of Agriculture, Devikulam. While so, the Government introduced a scheme under the name 'Use of Plastics in Agriculture' and decided to provide subsidy to agriculturists who introduced drip irrigation in their properties. At this juncture, accused Nos.1 to 3 hatched criminal conspiracy to misappropriate the Government funds earmarked for subsidy for drip irrigation and, accordingly, they falsely created receipts, estimates, letterheads, seals, and other documents in the names of in the names of 'Kairali Marketing Associates, Thrissur' and 'EPC Irrigation Limited, Nashik'. They created false documents for claiming subsidy in respect of the drip irrigation work purportedly undertaken by 'Kairali Marketing Associates' in the properties possessed by the 3rd accused. Similarly, they created false documents in the names of 'Kairali Marketing Associates' and 'EPC Irrigation Limited' purporting that those agencies had undertaken the drip irrigation work in the properties possessed by the 3rd accused. Thereafter, the 2nd accused falsely certified the completion of the drip irrigation work and presented those documents before the 1st accused, who was then the Assistant Director of Agriculture. The 1st accused sanctioned a total amount of Rs.3,38,750.00 (Rupees Three Lakh Thirty-eight Thousand Seven Hundred and Fifty Only) as subsidy by encashing Contingent Bill No.77/03-04 for the said amount and also prepared a bogus receipt showing that the said amount had been disbursed to the 2nd accused. Thus, the prosecution alleges that the accused persons dishonestly and fraudulently committed criminal misconduct and criminal breach of trust, and thereby misappropriated Rs.3,38,750.00 (Rupees Three Lakh Thirty-eight Thousand Seven Hundred and Fifty Only), obtained pecuniary advantage for themselves and causing corresponding loss to the Government. Thus, the prosecution alleges commission of offences punishable under Ss. 13(1)(c) and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act ' hereinafter), and under Ss. 409, 465, 468, 471 and 120B of the Indian Penal Code (for short, 'the IPC ' hereinafter), by the accused.