V B MOHAMMEDKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 4th accused in Crime No.284/02 of Kondotty Police Station for offences punishable under sections 120B and 384 read with section 34 IPC and sections 7, 8, 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988, seeks his enlargement on bail. Petitioner surrendered before the Investigating Officer as directed by this court in the order dated 10.1.2007 in B.A.7206/06 and after interrogation he was produced before the Magistrate on 24.1.2007 and he was remanded to judicial custody where he continues.

(2.) Counsel for the petitioner raised a contention that since offences under the Prevention of Corruption Act are also involved against a Customs Officer who is a public servant removable by the Central Government, the investigation should have been transferred to the Central Bureau of Investigation and the Special Court (SPE CBI) alone should have considered the matter thereafter.

(3.) Shri P.G.Thampi, the learned Director General of Prosecution submitted that noticing this aspect of the matter the Crime Branch Police had forwarded the files to the CBI and they had approved the investigation and had permitted the Crime Branch Police to continue with the investigation. If so, the petitioner cannot have any grievance about the investigation being conducted by the State Police especially when it is not the petitioner who is the public servant concerned.