RADHAKRISHNAN Vs. STATE OF KERALA & ORS.

JUDGEMENT

(1.) The petitioner is the 3rd accused in Crime No.V.C.1/97/KTM(i) of Vigilance and Anti-Corruption Bureau, Kottayam. 26 cases arising out of the above said crime are pending before the Court of the Enquiry Commissioner and Special Judge, Kottayam against the petitioner. Those cases are C.C.Nos.181/2008 to 198/2008 and CC Nos.200/2008 to 207/2008. The issue involved in these cases is in relation to the sanctioning of loans to the beneficiaries under a scheme formulated by the Kerala State Development Corporation for Christian Converts from Scheduled Casts and Recommended Communities Ltd.

(2.) The prosecution case is that the Managing Director, the Secretary, the Administrator, the U.D. Clerk etc., of the said Corporation had a criminal conspiracy with the petitioner herein for misappropriating the amount of loan sanctioned to various beneficiaries and in pursuance to the said conspiracy, the petitioner and other accused committed misappropriation of an amount of Rs. 27,05,400/- (Rs.1,00,200/- x 27) by creating false documents in the name of M/s.Amma Communications, a fake firm. The petitioner filed petitions under Section 239 Cr.P.C., 1973 before the court below praying for discharge. However, the said petitions were dismissed by the court below.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.