Asharaf Backer v. Central Bureau of Investigation/Acb
Case brief
What is this about?
Petitioner sought modification of freezing order on business account under CBI investigation. Court modified order requiring bank guarantee of Rs.1 crore for de-freezing specific account, requiring renewal till investigation concluded.
What did the court decide?
Petitioner directed to furnish bank guarantee of Rs.1 crore to de-freeze account CA 10340200008686 within six weeks before Special Judge SPE-CBI-1, Ernakulam.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
MONDAY, THE 8TH DAY OF OCTOBER 2012/16TH ASWINA 1934
Crl.MC.No. 2675 of 2012 (D)
PETITIONER : -
ASHARAF BACKER, MANAGING DIRECTOR, M/S. ASR DREDGING SERVICES PVT.LTD., 7C, ORIENTAL GARDEN, SOUTH TOWER, KARUKAPALLY JUNCTION, DESHABHIMANI ROAD, COCHIN-26.
BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.M.S.IMTHIYAZ AHAMMED SRI.P.MARTIN JOSE
RESPONDENT : -
CENTRAL BUREAU OF INVESTIGATION/ACB, COCHIN-17, REPRESENTED BY THE SUPERINTENDENT OF POLICE.
BY ADV. SRI.P.CHANDRASEKHARA PILLAI, SC, C.B.I.
Issues for consideration
2 issues framed by the court
Whether the inherent jurisdiction under Section 482 CrPC must be exercised to modify the freezing of petitioner accounts pending investigation.
Whether furnishing a bank guarantee of Rs.1 crore suffices to meet the ends of justice while securing the government's interest in rightful loss.
Parties & counsel
- petitioner
Asharaf Backer
- respondent
Central Bureau of Investigation (C.B.I.)
Coram
S.S.Satheesachandrane
Case details
As recorded by the court registry
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