Kerala High Court
Raju Kattakayam vs State Of Kerala on 4 July, 2025
2025:KER:49114
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 4TH DAY OF JULY 2025/13TH ASHADHA, 1947
OP(CRL.) NO. 236 OF 2025
AGAINST THE ORDER DATED 10.12.2024 IN CMP
1177/2024 IN VC NO.7 OF 2024 OF ENQUIRY COMMISSIONER AND
SPECIAL JUDGE (VIGILANCE), THALASSERY
PETITIONER/PETITIONER/ACCUSED:
RAJU KATTAKAYAM
AGED 60 YEARS
S/O SEBASTIAN, KATTAKAYAM HOUSE,
DERKAS, PARAPPA, MALOTH VILLAGE,
MANDALAM KANDAM DESOM,
KASARGOD DISTRICT, PIN - 671533
BY ADVS.
SHRI.AJIT G ANJARLEKAR
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
SMT.GAYATHRI S.B.
SHRI.ATUL MATHEWS
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM,
PIN - 682031
2 THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI-CORRUPTION BUREAU,
KASARAGOD, KASARAGOD DISTRICT, PIN - 671121
SRI. A.RAJESH, SPL.PUBLIC PROSECUTOR,VACB,
SMT. REKHA.S, SR.PUBLIC PROSECUTOR, VACB
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
04.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:49114
OP(CRL.) NO. 236 OF 2025
2
JUDGMENT
Dated this the 4th day of July, 2025 This original petition (criminal) has been filed under Article 227 of the Constitution of India. The original petitioner impugns Ext.P6 order dated 10.12.2024, whereby the learned Special Judge (Vigilance) partly allowed CMP No.1177/2024 when the release of the following documents was sought.
(1) Certificate for registration of vehicle bearing Reg.No.KL-60-P-9070 (RC Book) in the name of the petitioner (Raju Kattakkayam) - Card 1 (2) Document No.1738 of 1960 of SRO Balal in the name of Kattakayath Thomman-Sheets 4 (3) Document No.1224/2014 of SRO Hosdurg in the name of Sheelamma Sukumaran-Sheets - 5 (4) Document No.190/1/87 of SRO Balal in the name of the petitioner (Rejimon David Kattakayam) and land tax receipt No.9523848 from Meloth Village in the name of the petitioner (Rejimon Kattakayam) - Sheets - 5 (5) Document No.725/1/2017 of SRO Balal in the name of Sholly Raju - Sheets - 8 2025:KER:49114 OP(CRL.) NO. 236 OF 2025 3 (6) Document No.632/2017 of SRO Balal in the name of Shollly Raju - sheets - 8 (7) Mobile Phone iPhone - 13 Pro, IMEI No.1
2. After considering the rival submissions, the learned Special Judge released certificate of registration of the vehicle bearing registration No.KL-60-P-9070 in the name of the petitioner (item No.1) and refused to release the other items.
3. It is argued by the learned counsel for the petitioner that insofar as document Nos.(2) and (4) are concerned, the learned Special Judge refused to return the same, finding difference in the name of the petitioner. According to him, as per Ext.P3 certificate, showing that 'Regimon David' and 'Raju Kattakkkayam' are one and the same person, issued by the Village Officer, Malothu Village, there is no impediment in releasing those documents to the petitioner.
2025:KER:49114 OP(CRL.) NO. 236 OF 2025 4
4. Release of document Nos.2 and 4, in view of the above submission, is not seriously opposed by the learned Special Public Prosecutor. Regarding the release of the mobile phone, shown as item No.(7), the learned Public Prosecutor would submit that the same is at the Forensic Science Laboratory, awaiting report.
5. Since the petitioner produced Ext.P3 showing that 'Regimon David' and 'Raju Kattakkayam' are the one and the same person, document No.(2) of the year 1960 and document No.(4) of the year 1987, beyond the check period, are liable to be returned to the petitioner. As far as the other documents are concerned, the mobile phone would be released after getting the same from FSL and the petitioner is at liberty to file application for the same as per law. Regarding release of other documents, since the same are covered by the check period, release can be considered only at a later point of time, in view of the submission made 2025:KER:49114 OP(CRL.) NO. 236 OF 2025 5 by the learned Special Public Prosecutor that attachment provided under Section 18(A) of the Prevention of Corruption (Amendment) Act, 2018 has been in progress regarding the said properties.
Holding so, Ext.P6 dated 10.12.2024 in CMP No.1177/2024 on the files of the Enquiry Commissioner and Special Judge, Thalassery, stands set aside in part and it is ordered that document Nos.(2) and (4) shall be released to the petitioner by the investigating officer on acknowledgment, as per law.
This original petition (criminal) stands allowed as indicated above.
Sd/-
A. BADHARUDEEN JUDGE nkr 2025:KER:49114 OP(CRL.) NO. 236 OF 2025 6 APPENDIX OF OP(CRL.) 236/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF CMP NO: 1177 OF 2024 IN VC NO: 07/2024/SCK PREFERRED BY THE PETITIONER BEFORE THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY.
EXHIBIT P2 A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER ISSUED BY THE GOVERNMENT HIGH SCHOOL, VALLIKADAVU EXHIBIT P3 A TRUE COPY OF THE ONE AND THE SAME CERTIFICATE DATED 28/10/2021 ISSUED BY THE SPECIAL VILLAGE OFFICER, MALOTHU VILLAGE OFFICE EXHIBIT P4 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 05/03/2025 ISSUED BY THE TAHSILDAR, VELLARIKUNDU TALUK OFFICE.
EXHIBIT P5 A TRUE COPY OF THE GIFT DEED NO:
1224/2014 OF SRO, HOSDURG DATED
20/05/2014 EXECUTED BY SHEELAMMA
SUKUMARAN
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED
10/12/2024 OF THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY IN CMP NO: 1177 OF 2024 IN VC NO: 07/2024/SCK.