VARGHESE VADAKUMCHERRY GEORGE Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE present applicant is accused No.1 in Special Case No.80 of 2005 filed by C.B.I.. THE applicant is charged under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and under Section 120(B) read with Section 420, 460, 467, 468 and 471 of the I.P.C. THE applicant, who is engineer by qualification, is carrying on his business with the help of financial assistance from the banks. In view of his business commitments, he is required to travel abroad from time to time. On his application by an order dated 22nd May, 2006 he was permitted to travel abroad subject to his depositing Rs.10 lakh as security in the Court with direction that on his return, amount should be refunded to him. This condition was imposed because at that time according to the C.B.I., amount involved in the commission of crime was about Rs.3 crores. THE applicant availed benefit of that order. Again he made an application seeking permission of the Court to travel abroad between 13th January, 2007 to 18th March, 2007 and he also requested not to impose the condition of deposit of Rs.10 lakh because even as per the C.B.I. the actual amount involved in the crime was Rs.24 lakh and not Rs.3 crores. After hearing the parties, the learned Special Judge granted permission to the applicant to travel abroad by an order dated 15th January, 2007. However, the Court imposed the condition of depositing Rs.10 lakhs as additional security on the ground that condition was imposed by his predecessor and he could not review the same because he is not sitting either in appeal or review over the said order. Being aggrieved by this condition, the applicant has come to this Court.

(2.) HEARD Mr.K.B.Suresh the learned counsel for the applicant. In spite of service of notice, none appeared for the C.B.I. Mr.Adsule is present for the State of Maharashtra, the respondent no.2.