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:
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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
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OP(CRL.) NO. 236 OF 2025
(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.
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OP(CRL.) NO. 236 OF 2025
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
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OP(CRL.) NO. 236 OF 2025
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
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OP(CRL.) NO. 236 OF 2025
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.
