Allowed

Venkitagiri v. State of Kerala

Kerala HC27 Nov 2023Crl.MC/10013/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition challenging a bail order in a corruption case, the Kerala High Court removed the restriction prohibiting the accused from entering the Kasaragod District, deeming it unnecessary for an ongoing investigation.

What did the court decide?

Condition No.3 in the bail order dated 16.10.2023 prohibiting the petitioner from entering Kasaragod District was vacated.

Venkitagiri Vs State of Kerala — Corruption | Kerala HC (2023)

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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 K. BABU

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MONDAY, THE 27^TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945

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CRL.MC NO. 10013 OF 2023

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CRIME NO.5/2023 OF VACB, KASARAGOD, Kasargod

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AGAINST THE ORDER IN CMP 956/2023 OF COURT OF ENQUIRY COMMNR. &

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SPECIAL JUDGE, KANNUR AT THALASSERY

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PETITIONER:

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VENKITAGIRI AGED 59 YEARS S/O K. MAHABALESHWARA BHAT, ASWATHI, OPPOSITE AYYAPPA TEMPLE, NULLIPPADY, KASARGOD DISTRICT, PIN - 671121 BY ADVS. ADITHYA RAJEEV S.PARVATHI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI, PIN - 682031 2 DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI-CORRUPTION BUREAU, KASARGOD DISTRICT, PIN - 671121

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RAJESH A,SPL GP VIGILANCE,REKHA.S,SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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27.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No.10013 of 2023

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O R D E R

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The prayer in this Crl.M.C is as follows:

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“to quash Annexure-IV order dated 18-11-2023 in CMP No. 956/2023 of the Court of Enquiry Commissioner and Special Judge, Thalassery and allow CMP No. 956/2023 by deleting Condition No. 3 in Annexure-1 order dated 16-10-2023 in CMP No. 836/2023 before the Court of Enquiry Commissioner and Special Judge, Thalassery, in the interest of Justice.”

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The petitioner is the accused in V.C.No.5/2023/KSD registered by the Vigilance and Anti Corruption Bureau, Kasargod. He is alleged to have committed offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988.

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The Court of the Enquiry Commissioner and Special Judge, Thalassery as per order dated 16.10.2023 granted bail to the petitioner on the following conditions:

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“1. He shall execute a bond for Rs.50,000/- each with two solvent sureties each for the like sum.

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He shall, appear before the Investigating Officer on all Mondays at 11 AM for a period of 3 months from today or till the filing of Final Report, whichever is earlier.

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He shall not enter in to the Kasaragod District for the

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Crl.M.C. No.10013 of 2023

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next 3 months without the previous permission of the Court. It is made clear that he can enter in to the Kasaragod District during the above period for the limited purpose of appearing before the Investigating Officer.

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He shall surrender his original Passport before this Court within 7 days from today. If he has no Passport he shall file an affidavit to that effect.

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He shall not leave India without the previous permission of the Court.

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He shall not influence the witnesses or tamper with the evidence.

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He shall not engage or involve in similar offence while on bail.

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Violation of any of the aforesaid conditions would entail automatic cancellation of the bail.”

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The petitioner is aggrieved by the continuation of condition

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No.3 as extracted above.

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The petitioner filed an application seeking modification of the order. The learned Special Judge rejected his request to modify condition No.3, essentially on the ground that it will give a wrong message to the society.

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I have gone through the materials placed before this

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Court.

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The learned Special Public Prosecutor opposed the petition

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Crl.M.C. No.10013 of 2023

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and submitted that the investigation is now in progress.

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Having regard to the nature of offence alleged against the

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petitioner, I am of the view that there is no requirement to retain condition No.3 in Annexure I order. Therefore, the condition No.3 in

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Annexure I order stands vacated.

Sd/-

K.BABU JUDGE

lsn

Crl.M.C. No.10013 of 2023

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APPENDIX OF CRL.MC 10013/2023

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PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE ORDER DATED 16-10-2023 IN CMP NO. 836/2023 BEFORE THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY Annexure-II A TRUE COPY OF THE CERTIFICATE DATED 20-11-2023 ISSUED BY THE PHYSICIAN, CAREWELL, HOSPITAL AND RESEARCH CENTRE PVT LTD. KASARGOD Annexure-III A TRUE COPY OF THE CERTIFICATE DATED 20-11-2023 ISSUED BY THE PHYSICIAN, CAREWELL, HOSPITAL AND RESEARCH CENTRE PVT LTD. KASARGOD Annexure - IV FREE COPY OF THE ORDER DATED 18-11-2023 IN CMP NO. 956/2023 OF THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Venkitagiri v. State of Kerala

Case brief

What is this about?

What did the court decide?

Venkitagiri v. State of Kerala

Case brief

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What did the court decide?

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