Vimala G.S vs State Of Kerala
2022 Latest Caselaw 8884 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE K. BABU
      THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                     CRL.MC NO. 3965 OF 2022
 AGAINST THE ORDER/JUDGMENT IN VC 2/2022/EKM OF COURT OF ENQUIRY
        COMMISSIONER & SPECIAL JUDGE, EKM AT MUVATTUPUZHA
PETITIONER/PETITIONER/OWNER OF THE PROPERY SEIZED:

          VIMALA G.S.,
          AGED 40 YEARS, W/O. BIJU D.R,
          B.L SADANAM, NELLIVILA,
          MULLUVILA P.O,
          THIRUVANANTHAPURAM, PIN - 695133
          BY ADV SHABU SREEDHARAN


RESPONDENT/RESPONDENT/COMPLAINANT:

          STATE OF KERALA,
          REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, VACB,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031



          SPL GP VIGILANCE SRI.RAJESH A


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C No.3965 of 2022
                                            2



                                     K.BABU, J.
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                           Criminal M.C No.3965 of 2022
                     ---------------------------------------
                         Dated this the 7th day of July, 2022

                                       ORDER

The petitioner is the wife of the accused in VC No.2/2022. The

above crime has been registered against the accused, alleging

offences punishable under Sections 7 and 12 of the Prevention of

Corruption Act, 1988. It was alleged that on 15.03.2022 the accused

was arrested while receiving a sum of Rs.75,000/- as bribe from

the defacto complainant. In the subsequent search conducted in the

residence of the accused, valuables including a sum of Rs.5,00,000/-

were seized.

2. The petitioner preferred Crl.M.P No.694/2022 before the

Enquiry Commissioner and Special Judge, Moovattupuzha seeking

release of the amount recovered from her residence. The Trial

Court allowed the application on the following conditions:

"1. The petitioner shall produce a bank guarantee from a nationalised bank for a sum of Rs.5 lakh with lien to this Court.

2. The petitioner has to execute a bond for rupees 2,50,000/-

with two solvent sureties each for the like sum."

Crl.M.C No.3965 of 2022

3. The petitioner has approached this Court seeking

modification of condition No.1, stating that she is finding it difficult to

furnish a bank guarantee as directed.

4. The learned counsel for the petitioner submitted that the

petitioner is prepared to furnish immovable property as security in

lieu of the bank guarantee ordered by the Court.

5. The respondent/State has no objection in modifying

condition No.1 by permitting the petitioner to furnish immovable

property as security. Therefore condition No.1 in Annexure 3 order

is modified as follows:

"The petitioner shall place immovable property worth Rs.5,00,000/- as security." The Criminal M.C is disposed of as above.

Sd/-

K.BABU, JUDGE KAS Crl.M.C No.3965 of 2022

APPENDIX OF CRL.MC 3965/2022

PETITIONER ANNEXURES Annexure1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE BRANCH MANAGER, SBI, NELLIMOODU BRANCH DATED 10/05/2022 Annexure2 THE TRUE COPY OF THE REMARKS DATED 9.5.2022 SUBMITTED BY THE DYSP, VIGILANCE & ANTI CORRUPTION BUREAU, ERNAKULAM IN CRL MP NO 694/2022 BEFORE THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE'S COURT, MUVATTUPUZHA Annexure3 THE CERTIFIED COPY OF THE ORDER DATED 31.5.2022 IN CRL.MP 694/2022 IN VC- 02/2022/EKM ON THE FILE OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE'S COURT, MUVATTUPUZHA