Disposed

Renjith Pannackal v. State of Kerala

Kerala HC15 Feb 2022Crl.MC/167/2022

Case brief

AI extract

What is this about?

Three criminal miscellaneous cases were filed by an accused challenging the final report in corruption and conspiracy matters. The court closed the miscellaneous proceedings without examining merit, granting leave for the petitioner to seek discharge by the lower court if charges are not framed. Right to approach the lower court is preserved.

What did the court decide?

The criminal miscellaneous cases were closed; the petitioner is permitted to file an application for discharge before the Special Court if charges are not framed.

Renjith Pannackal Vs State of Kerala — Corruption | Kerala HC (2022)

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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 SUNIL THOMAS

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TUESDAY, THE 15^TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943

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CRL.MC NO. 167 OF 2022

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(C.C. No.4/2012 OF SPECIAL COURT (SPE/CBI), THIRUVANANTHAPURAM)

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PETITIONER/ACCUSED NO.3:

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1 RENJITH PANNACKAL AGED 47 YEARS

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S/O.P.K.ITTIKUNJU, SREYAS HOUSE, AYMANAM P.O., KOTTAYAM, KERALA.

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT AND STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 CENTRAL BUREAU OF INVESTIGATION SPECIAL CRIME BRANCH, TC 25/427, SHANTHI NAGAR, "ASHWINI", THIRUVANANTHAPURAM - 695 001 REP. BY SUPERINTENDENT OF POLICE, CBI/SPE/THIRUVANANTHAPURAM.

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BY ADVS. SMT.REKHA S., SR. GP SRI.SUVIN R MENON, CGC SRI.S.MANU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.02.2022, ALONG WITH Crl.MC.155/2022, 158/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C. NO. 167 OF 2022 ALONG WITH CONN CASES

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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 SUNIL THOMAS TUESDAY, THE 15^TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943

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CRL.MC NO. 155 OF 2022

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(C.C. No.2/2012 OF SPECIAL COURT (SPE/CBI), THIRUVANANTHAPURAM)

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PETITIONER/ACCUSED NO.2

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1 RENJITH PANNACKAL AGED 47 YEARS S/O.P.K.ITTIKUNJU, SREYAS HOUSE, AYMANAM P.O., KOTTAYAM, KERALA.

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT AND STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 CENTRAL BUREAU OF INVESTIGATION SPECIAL CRIME BRANCH, TC 25/427, SHANTHI NAGAR, "ASHWINI", THIRUVANANTHAPURAM- 695 001 REP. BY SUPERINTENDENT OF POLICE, CBI/SPE, THIRUVANANTHAPURAM.

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BY ADVS. SMT.REKHA S., SR. GP SRI.SUVIN R MENON, CGC SRI.S.MANU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.02.2022, ALONG WITH Crl.MC.167/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C. NO. 167 OF 2022 ALONG WITH CONN CASES

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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 SUNIL THOMAS TUESDAY, THE 15^TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943

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CRL.MC NO. 158 OF 2022

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(C.C. No.3/2012 OF SPECIAL COURT (SPE/CBI),

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THIRUVANANTHAPURAM)

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PETITIONER/ACCUSED NO.2:

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RENJITH PANNACKAL AGED 47 YEARS S/O.P.ITTIKUNJU, SREYAS HOUSE, AYMANAM P.O., KOTTAYAM, KERALA.

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT AND STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 CENTRAL BUREAU OF INVESTIGATION SPECIAL CRIME BRANCH, TC 25/427, SHANTHI NAGAR, "ASHWINI", THIRUVANANTHAPURAM - 695 001 REP. BY SUPERINTENDENT OF POLICE, CBI/SPE/THIRUVANANTHAPURAM.

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BY ADVS. SMT.REKHA S., SR. GP SRI.SUVIN R MENON, CGC SRI.S.MANU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.02.2022, ALONG WITH Crl.MC.167/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C. NO. 167 OF 2022 ALONG WITH CONN CASES

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ORDER

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Dated this the 15^th day of February, 2022 [Crl. M.C. Nos.167/2022, 155/2022, 158/2022]

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The petitioner in all the above cases stand arrayed as accused No.3 in C.C.No.4 of 2012 and 2^nd accused in C.C.Nos. 2 and 3 of 2012 for offences punishable under Section 120B r/w 420 r/w 511 of I.P.C. and Sections 11, 12, 13(2) r/w 13 (1)(a) & 13(1)(d) and 14 of Prevention of Corruption Act, 1988, has approached this Court. The contention of the petitioner is that, though the specific allegation against him is that he has entered into a criminal conspiracy to obtain illegal pecuniary advantage for the accused by abusing the official positions of accused Nos. 1 and 2, in the matter of sending several persons to Australia, the allegation against the petitioner is not supported by materials on record.

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The final report was laid in 2012. At this distance of time, I do not propose to go into the

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CRL.M.C. NO. 167 OF 2022 ALONG WITH CONN CASES

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justiciability of the final report. After hearing the learned Counsel for the petitioner and the learned ASGI in extenso, I feel that the petitioner shall be permitted to raise all these objections, if he files applications for discharge, if charges are not framed till now.

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Accordingly, the criminal miscellaneous cases are closed, without adverting to any contentions on merit, leaving the right open to the petitioner to seek discharge before the court below, if the charges are not framed. If such application is filed before the next posting date as above, the court below may consider it and pass orders thereon in accordance with law.

Sd/-

SUNIL THOMAS

JUDGE

SKP/15-2

CRL.M.C. NO. 167 OF 2022 ALONG WITH CONN CASES

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APPENDIX OF CRL.MC 155/2022

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PETITIONER'S ANNEXURES:

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ANNEXURE A

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CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.2/2012 OF THE COURT OF SPECIAL COURT (SPE/CBI), THIRUVANANTHAPURAM.

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RESPONDENTS' EXHIBITS:NIL

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CRL.M.C. NO. 167 OF 2022 ALONG WITH CONN CASES

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APPENDIX OF CRL.MC 158/2022

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PETITIONER'S ANNEXURES:

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ANNEXURE I

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CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.3/2012 OF THE COURT OF SPECIAL COURT (SPE/CBI), THIRUVANANTHAPURAM.

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RESPONDENTS' EXHIBITS:NIL

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CRL.M.C. NO. 167 OF 2022 ALONG WITH CONN CASES

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APPENDIX OF CRL.MC 167/2022

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PETITIONER'S ANNEXURES:

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ANNEXURE A

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CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.4/2012 OF THE COURT OF SPECIAL COURT(SPE/CBI), THIRUVANANTHAPURAM.

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A.TO JUDGE

Renjith Pannackal v. State of Kerala

Case brief

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Renjith Pannackal v. State of Kerala

Case brief

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