Kerala High Court
Prakash S.S vs State Of Kerala on 24 October, 2025
2025:KER:79280
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
BAIL APPL. NO. 12909 OF 2025
CRIME NO.19/2025 OF VACB, ERNAKULAM, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 10.10.2025 IN CMP
NO.369 OF 2025 OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE
(VIGILANCE), MUVATTUPUZHA
PETITIONER/ACCUSED:
PRAKASH S.S
AGED 30 YEARS
S.S BHAVAN, PARASUVAKKAL VILLAGE,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM
DISTRICT, PIN - 695508
BY ADVS.
SRI.M.KIRANLAL
SMT.M.R.JAYALATHA
SHRI.A.B.AJIN
SHRI.V.M.VISHNU MOHAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
SRI.RAJESH A, SPECIAL PUBLIC PROSECUTOR
SMT.REKHA S, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
22.10.2025, THE COURT ON 24.10.2025 DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 12909 OF 2025
2
ORDER
Dated this the 24th day of October, 2025
The bail application has been filed under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023, by the
sole accused in VC No.19/2025/EKM of VACB, Ernakulam.
2. Heard the learned counsel for the petitioner
as well as the learned Public Prosecutor, in detail. Perused
the relevant records placed by the learned Public Prosecutor.
3. The prosecution case is that the accused,
while working as a Revenue Divisional Clerk at Cochin
Corporation, demanded Rs.25,000/- (Rupees twenty five
thousand only) as bribe from the complainant for the purpose
of regularising the additional construction work carried out at
Sreemakom Palluruthy Lodge owned by his mother.
Thereafter, he demanded and accepted the said amount on
23.09.2025 as part of trap and accordingly, he was red-
handedly arrested. On this premise, the prosecution alleges
commission of offence punishable under Section 7(a) of the
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BAIL APPL. NO. 12909 OF 2025
Prevention of Corruption (Amendment) Act, 2018, by the
accused.
4. According to the learned counsel for the
petitioner, the petitioner is innocent. Being a Revenue
Divisional Clerk, he had no authority to regularise the
construction work, and therefore, the fundamental allegations
of the prosecution have no nexus or basis. It is further
submitted that the petitioner has been in custody since
24.09.2025, and as the investigation has progressed
substantially, he may be released on bail.
5. Opposing the contention raised by the
learned counsel for the petitioner, the learned Public
Prosecutor placed report of the investigating officer, wherein
the investigating officer reported that the prosecution case is
well made out and the accused was arrested after demand
and acceptance of bribe as part of trap. In paragraph No.5, it
has been specifically contended as under:
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BAIL APPL. NO. 12909 OF 2025
"5. It is submitted that the investigation in
this case revealed that the Accused/Petitioner,
who was serving as a Clerk in the Palluruthy
Zonal Office of the Kochi Corporation, has
committed an offence punishable under Section
7(a) of the Prevention of Corruption (Amendment)
Act, 2018. The Kochi Corporation, Palluruthy
Zonal Office, had rejected an online application
submitted on 17.12.2024 for the regularization of
rooms added to the second floor of "Sreemakain
Residency" a lodge owned by the complainant's
mother and ituated opposite the Azhakiyakavu
Devi Temple, Palluruthy, on the ground that the
first floor, for which tax was already being paid.
had not been assessed due to a technical issue
Subsequently, an application was submitted on
08-08-2025 requesting that the assessment be
carried out. Later, on 02-09-2025, an application
in Form-2 was submitted as per the direction of
the Corporation Office. Thereafter, the accused,
along with the Revenue Inspector, measured and
assessed the details of the building.
Subsequently, the accused approached the de
facto complainant and demanded a bribe of
₹5,00,000 for processing and completing the
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BAIL APPL. NO. 12909 OF 2025
assessment of the first floor. When the
complainant stated that he was unable to pay
such an amount, the accused insisted that at least
22.00.000 be paid and directed that the first
instalment of ₹50,000 be brought to the place and
time he specified on the evening of 23-09-2025.
Accordingly, on 23-09-2025 at about 4 IS P\1, in
front of the Kochi Corporation's Palluruthy Zonal
Office, the accused, as demanded, received
225.000 from the complainant as illegal
gratification, which was other than his lawful
remuneration."
6. On scrutiny of the prosecution records along
with the report of the investigating officer, on par with the
arguments advanced by the learned Public Prosecutor, the
prosecution case is well made out prima facie. The fact
remains is that the accused has been in custody since
24.09.2025 and the investigation is practically complete. As
per the report, the accused was taken into custody for the
purpose of investigation and now he has been in judicial
custody.
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BAIL APPL. NO. 12909 OF 2025
7. Since, the petitioner, who has no criminal
antecedents, has been in custody from 24.09.2025, I am of
the view that, further custody of the petitioner for the purpose
of investigation is not necessary and therefore, he can be
enlarged on bail by imposing conditions.
Therefore, this petition stands allowed. The
petitioner is enlarged on bail on conditions:
i. The petitioner shall be released on bail on
executing bond for Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties, each
for the like amount to the satisfaction of the
Special court concerned.
ii. The petitioner shall not intimidate the witnesses
or tamper with evidence. He shall co-operate
with the investigation and shall be available for
trial.
iii. The petitioner shall appear before the
Investigating Officer as and when directed,
apart from appearing before the Investigating
Officer on all Mondays between 9 am and 10
am, for a period of three months or till the
completion of investigation, whichever is earlier.
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BAIL APPL. NO. 12909 OF 2025
iv. The petitioner shall not leave India without the
permission of the Special court.
v. The petitioner shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with the facts of this case,
so as to dissuade him from disclosing such
facts to the court or to any police officer.
vi. The petitioner shall surrender his passport
before the Special Court on the date of
execution of the bail bond or within ten days
therefrom, with special permission of the
Special Court. If the petitioner has no passport,
he shall file an affidavit to that effect, instead of
surrendering passport, within the stipulated
time.
vii. The petitioner shall not involve in any other
offence during the currency of bail and any
such event, if reported or came to the notice of
this court, the same alone shall be a reason to
cancel the bail hereby granted either by this
Court or by the Special Court.
Sd/-
A.BADHARUDEEN,
JUDGE
nkr
