Disposed

V.I.Thankappan v. State

Kerala HC19 Mar 2008Crl.MC/1127/2008

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition filed by an accused facing disproportionate assets charges under the Prevention of Corruption Act, 1988, the appellant court allowed the petitioner to approach the Special Judge for release of frozen bank accounts upon executing a bond.

What did the court decide?

Petitioner permitted to move the Enquiry Commissioner and Special Judge, Thrissur for release of frozen bank accounts upon executing a bond with two solvent sureties.

V.I.Thankappan Vs State — Kerala HC (2008) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929

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Crl.MC.No. 1127 of 2008()

PETITIONER:

V.I.THANKAPPAN, AGED 62 YEARS, S/O.IYPE, VADAKKEPARAMBU HOUSE, GANDHI NAGAR, PALGHAT.

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BY ADV. SRI.A.T.ANILKUMAR

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RESPONDENTS:

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTICORRUPTION CELL, SPECIAL CELL, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.M.S. BREEZE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * Crl.M.C. No. 1127 of 2008**

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*** * * * * * * * * * * * * * * * * * Dated: 19-03-2008**

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ORDER

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The petitioner who claims to have retired in the year February 2003 from the Motor Vehicles Department is an accused in VC No.2 /07-ECE alleging criminal misconduct falling under Section 13 (1)(e) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988. The allegation against him is that he had amassed assets worth Rs. 7,71,315/- which is disproportionate to the known sources of his income.

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According to the petitioner in a raid conducted in his house on 21-04-2007 all documents including bank passbooks etc. were seized by the vigilance police. His daughter has crossed the marriageable age and she cannot be given in marriage and the petitioner is in a pathetic condition since all his bank accounts have been freezed by the Vigilance Department .

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The learned Public Prosecutor submitted that after freezing the bank accounts, a report has been submitted before the Enquiry Commissioner and Special Judge, Thrissur and if the petitioner moves that Court and is able to offer security in the form of bonds there is

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Crl.M.C. No. 1127 of 2008 -:2:-

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no reason why that court should not consider the prayer of the petitioner. Accordingly, the petitioner is permitted to move the Enquiry Commissioner and Special Judge, Thrissur for release of the joint account maintained by him in the Palakkad branch of the Catholic Cyrian Bank in his name and in the name of his wife and his wife's account in the Kannadi Co-operative Bank in the name of his wife and also the pension account bearing No. 10154 of Canara Bank. In case the petitioner executes a bond with two solvent sureties for such amount to the satisfaction of Special Judge, that court may consider the prayer of the petitioner sympathetically.

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V. RAMKUMAR, (JUDGE)

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ani.

V.I.Thankappan v. State

Case brief

What is this about?

What did the court decide?

V.I.Thankappan v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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