Kerala High Court
Mohammed Jaleel vs Central Bureau Of Investigation on 9 September, 2025
CRL.MC NO. 7192 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TH
TUESDAY, THE 9 DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
CRL.MC NO. 7192 OF 2025
CRIME NO.RC8(A)/2014-CBI/2014 OF CENTRAL BUREAU OF INVESTIGATION, KOCHI, Ernakulam
CC NO.9 OF 2016 OF SPECIAL C SPE/CBI-I&3 ADDITIONAL DISTRICT COURT / I ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM
PETITIONER/ACCUSED NO.2:
MOHAMMED JALEEL
AGED 58 YEARS
S/O IBRAHIM RAWTHER, AGED 58 YEARS, TC-08/1934(2), TIRUMALA, P.O.
THIRUVANANTHAPURAM, PIN - 695006
BY ADVS.
SRI.C.S.MANU
SRI.DILU JOSEPH
SRI.C.A.ANUPAMAN
SHRI.T.B.SIVAPRASAD
SMT.NEETHU.K.SHAJI
SRI.C.Y.VIJAY KUMAR
SMT.MANJU E.R.
SHRI.ALINT JOSEPH
SHRI.PAUL JOSE
SMT.DAINY DAVIS
SMT.RILNA RADHAKRISHNAN
SHRI.MAHESH KUMAR K.
RESPONDENT/COMPLAINANT:
CENTRAL BUREAU OF INVESTIGATION
THIRUVANTHAPUARM REPRESENTED BY THE SUPERINTENDENT OF POLICE, PIN - 695008
OTHER PRESENT:
SPL PP SRI. A. RAJESH, SR PP SMT REKHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.08.2025, THE COURT ON
09.09.2025 PASSED THE FOLLOWING:
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A. BADHARUDEEN, J
============================
Crl.M.C. No. 7192 of 2025
==============================
Dated 9th day of September 2025
ORDER
This Criminal Miscellaneous Case has been moved by the
petitioner/2nd accused in C.C.No.9 of 2016 on the files of the
Special CBI Court, Ernakulam and the prayers in this petition is to
quash Annexure -A1 Final Report and all further proceedings
against the petitioner/2nd accused in C.C. No. 9 of 2016.
2. Heard the learned counsel for the petitioner/2nd
accused as well as the learned Special Public Prosecutor in detail.
Perused the prosecution records, witness statements, and the
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written statement filed by the learned Special Public Prosecutor
for the CBI.
3. While seeking quashment as sought for, the learned
counsel for the petitioner/2nd accused argued that going by the
prosecution allegations, the specific allegation against the
petitioner/2nd accused who got arrayed as the 2nd accused being
a travel agent is that he hatched conspiracy with the other
accused during the period 2008-2011 and he deposited
Rs.11,000/- (Rupees Eleven thousand only) in the account of
the 1st accused on 21.03.2011 as illegal gratification. According
to the learned counsel for the petitioner/2nd accused, even if it is
admitted that the 2nd accused deposited Rs.11,000/- (Rupees
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Eleven thousand only) in the account of the 1st accused on
21.03.2011 that was during the period in which the 1st accused
ceased to be an officer of the Cochin International Airport
Limited (for short, 'CIAL' hereafter), therefore the allegation of
the prosecution that the 2nd accused committed offences alleged
would not sustain. In this connection the learned counsel for
the petitioner/2nd accused relied on the statement given by
Sri.Anil A K (witness No.9) stating that Sri.George John Armed
Police Sub-Inspector (for short, 'APSI' hereafter) joined in CIAL
on 26.05.2008 and relieved on 24.04.2009. He also stated that
Sri.V.N. Prasanth Kumar Civil Police Officer (CPO) joined on
12.12.2006 and was relieved on 20.09.2011. According to the
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learned counsel for the petitioner/2nd accused when an officer
who is not in charge of CIAL to do any favour as alleged by the
prosecution during the period 2011, if any amount is deposited
in his account by the petitioner/2nd accused travel agent, the
same would not make any offence under the the Prevention of
Corruption Act, 1988 (for short, the PC Act' hereafter).
Therefore this matter would require quashment at the instance
of the petitioner/accused.
4. Dispelling this contention the learned Special Public
Prosecutor for the CBI would submit that it is true that as per
the statement given by Sri.Anil A K (witness No.9) the 1st
accused worked for the period between 26.05.2008 till
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20.04.2009 and Rs.11,000/- was deposited in the name of the
1st accused by the 2nd accused on 21.03.2011. But it is
specifically pointed out that in fact the entire allegations overlays
the period from 2006 to 2011. The 1st accused who worked as
Assistant Sub-Inspector of Police even though relieved from his
assignment in CIAL, he was behind illegal transport of travellers
without necessary emigration clearance, thereafter up to 2011 as
alleged in this case. Therefore his complicity is a matter of
evidence and quashment could not be considered. The learned
Special Public Prosecutor for the CBI has pointed out the
statements given by Sri.Prasanth Kumar V.M. (witness No.42)
and Sri M.D. Gokul Das (witness No.43) who were earlier
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arrayed as accused and later became approvers to substantiate
this contention.
5. On perusal of the Final Report in this matter the
prosecution alleges commission of offences punishable under
Section 120B of the Indian Penal Code as well as under Sections
11, 12, 14, and Section 13(2) r/w 13(1)(b) and (d) of the PC Act
by the accused. The Charge Nos. - I, II and III as per the Final
Report is against the 1st accused, out of which Charge No. - I
and II read as under:-
"CHARGE- I- During 2008-2011 A-1 Shri George John
being a public servant working as Armed Police Sub
Inspector/Counter Officer, Immigration Wing CIAL,
Nedumbassery entered into criminal conspiracy with Shri
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Prasanth Kumar (approver), Civil Police Officer posted at
Immigration Wing CIAL, Nedumbassery during
2006-2011and engaged in the conspiracy even
aftertransferred from CIAL, Nedumbasserry to accept or
obtain valuable things in the form of money without any
consideration from travel agents whom they know to have
been or to be, or to be likely to be concerned in the emigration
clearance of passengers, who had traveled without valid
travel documents referred by them and to make pecuniary
advantage by abusing their official position. Shri Gokuldas
M.D (approver) of M/s Cambridge International,
Thambanoor, Trivandrum, A-2 Shri Mohammed Jaleel of
M/s Stargate Travel Bureau, Trivandrum and A-3 Shri
Bancy Kumar of M/s Pulari Air Travels, Trivandrum also
joined the conspiracy agreeing to give the money to A-1 Shri
George John for the facilitation given by him for the
passengers, who had travelled abroad without valid travel
documents. In pursuance of the conspiracy A-1 Shri George
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John secured Savings Bank account
number13880100048404 of Shri Prasanth Kumar
(approver), which he was maintaining at Federal Bank,
Kodungalloor Branch and provided to Shri GokuldasM.D.
(approver), A-2 Shri Mohammed Jaleel, A-3 Shri. Bancy
Kumar and unknown others. Shri Gokuldas M.D.
(approver) deposited an amount of Rs.1556/-, Shri
Mohammed Jaleel (A-2) deposited an amount of
Rs.11000/-and Shri Bancy Kumar A-3 deposited an
amount of Rs.5500/- into the above account of Shri Prasanth
Kumar(approver). In pursuance of the said conspiracy Shri
Prasanth Kumar withdrew the said amount from the
account and handed it to Sri. George John A-1. In pursuance
of the said conspiracy Shri Prasanth Kumar (approver) and
Shri George John A-1 by abusing their official position
obtained pecuniary advantage. Thereby A1 Sri. George John,
the 2nd accused Sri. Mohammed Haleel and the 3rd accused
Sri. Bancy Kumar committed offences punishable under
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section 120B of IPC r/w Section 11, Section 13(2) r/w
13(1)(b) and (d) and Section 12 of the PC Act, 1988."
Charge - II:- A-1 Shri George John, being a public servant
employed as Armed Police Sub Inspector/Counter officer at
Immigration Wing, CIAL Nedumbassery from 26.5.2008
to 24.4.2009 in pursuance of the conspiracy narrated charge
No.1 habitually accepted or obtained valuable thing in form
of money without any consideration from travel agents whom
they know to have been or to be, or to be likely to be concerned
in the emigration clearance of passengers, who had without
valid travelling documents referred by travel agents and to
make pecuniary advantage by abusing his official position to
the extend of Rs.46000/- from Shri Gokuldas(Approver) Sri.
Mohammed Jaleel (A-2) and Shri Bancy Kumar (A-3) and
unknown others and thereby committed offence punishable
u/s 11, 13(2) r/w 13(1 b) of PC Act 1988.
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6. The specific charge against the 2nd accused is the charge
No. IV in the Final Report and the same reads as under:-
Charge-IV- A-2 Shri Mohammed Jaleel in pursuance of
the conspiracy narrated charge No.1 during the period
2008 to 2011 had abetted the commission of offence
under section 13(2) r/w 13 (1) (d) and 11 of the P.C.Act
1988 by A-1 Shri George John, who was a public servant,
employed as Armed Police Sub Inspector at Immigration
Wing, CIAL, Nedumbasserry from 26.5.2008 to
24.4.2009 by offering him bribes and an amount of Rs.
11000/- deposited on 21.03.2011 through SB A/c No
13880100048404 of Shri Prasanth Kumar, CPO
(Approver) maintained with Federal Bank, Kodungallor
branch and thereby he committed offence punishable u/s
12 of the PC Act."
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7. Adverting to the matter in issues, the allegation against
the petitioner is that as part of conspiracy hatched between him
and the other accused, he deposited Rs.11,000/- (Rupees Eleven
thousand only) on 21.03.2011 in the account of Sri.Prasanth
Kumar CPO (approver/witness No.42) maintained with Federal
Bank Kodungalloor as bribe for clearing passengers without
emigration clearance and thereby committed offences under
Section 120B of IPC as well as Sections 11, 12, 14, and 13(2) r/w
13(1)(b) & (d) of the PC Act. Iit is discernible from the
statement given by witness No.9 that Sri. George John (APSI)
joined CIAL Nedumbassery on 26.05.2008 and was relieved on
24.04.2009. The deposit allegedly made by the 2nd accused on
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21.03.2011 was evidently after the first accused had been relieved
from his assignment at CIAL. On perusal of the statement
given by Sri.Prasanth Kumar V N (witness No.42) who turned
as an approver, it could be gathered that he worked at CIAL in
the emigration department by deputation from 2007 to 2012.
He was at the counter for issuing Embarkation/Disembarkation
Cards collection and lining up passengers. During this period
(2007-2012) in the emigration department Sri.Sajan Gorege,
Sri.George John Sub-Inspectors worked therein as counter
officers and MR.Mahesh Kumar as Supervisor. He stated further
that he had maintained an account at Federal Bank
Kodungalloor branch and he produced statements of account
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from 18.05.2007 to 02.08.2014 showing remittance and
withdrawal of money from the said account.
8. According to him, during his tenure Sri. George John
used to visit CIAL Nedumbassery during this period. Further
Sri. George John enquired about the account details of witness
No.42 and also ensured whether an ATM card would be
available in his account. He further stated that Sri. George John
had informed him that some money would be credited to the
account of Sri. Prasanth Kumar, which had to be withdrawn
and handed over to Sri. George John. A similar statement was
also made by Sri.Prasanth Kumar against Sri. Mahesh Kumar.
According to him thereafter the officers including Sri.George
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John used to withdraw money from this account by using his
ATM card and he was given food from top hotels and also given
liquor in this deal. He stated that he along with Sri.Mahesh
Kumar and Sri.George John had meetings at Golf View Bar and
Quality Bar nearby CIAL and he was given this treat for
receiving and returning the money through his account. His
further statement is that the above officers reached the Airport
during the period when they were absent from duty also to get
the money. He also stated that even after the first accused was
relieved from duty, money transferred into his account by the
travel agents were withdrawn and given back to Sri.George John.
He provided the details of the said transactions as mentioned in
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the statement form part of the prosecution records. Witness
No.43 earlier arrayed as the 3rd accused, turned as an approver
and also given statement that he worked as a commission agent
to clear visa stamping, air ticketing etc. According to him, when
any obstruction in getting emigration clearance would be
noticed, he used to collect money from passengers to entrust the
same to the officers at the Airport. He also stated that the same
practice applied in relation to passengers who travel on visit
visas without genuine documents. According to him he had
assisted in clearing 10 to 20 passengers through Sri.George John
and he made acquaintance with Sri.Goerge John through
Sri.Mohammed Jaleel who is the petitioner herein. He also
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stated that Sri. Mohammed Jaleel and Sri. George John were
familiar to each other prior to that. He also stated regarding
remittance of Rs.1556/- as per paying slip dated 23.11.2009 in
Federal Bank Statue Branch provided by Sri.George John and
the said amount was given towards the balance amount for
clearing his passengers without emigration clearance.
9. In the statement filed by the learned Special Public
Prosecutor in Paragraph No. 3 to 10 it has been contended as
under:-
"3. It is submitted that his active involvement as a
travel agent in the criminal conspiracy has been clearly
established during the investigation. The deposit of Rs.
11,000 by the petitioner into the account linked to the
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public servant (A-1), through the conduit of the approver
(Prasanth Kumar - CW42), is a crucial link in the
chain of the criminal conspiracy unearthed during the
investigation.
4. Evidence of Bank officials (Shri. Andrews - CW1,
Smt. Preetha K. - CW2 and Prasanth P. CW7)
confirm the relevant deposit records, while approvers
Prasanth Kumar (CW42) and Gokuldas (CW43) and
other witnesses have explained in detail the modus
operandi adopted for routing payments for illegal
clearance of passengers. Collectively, these constitute
strong circumstantial evidence against the petitioner.
5. It is submitted that Prasanth Kumar (CW42),
approver, in his own statement, admits to receiving
illegal payments and transferring them to A-1. The fact
that his official duties may have been limited does not
negate his active participation in the illegal network.
His account was purposefully used as a conduit for these
bribe payments.
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6. Also, the deposit records (D No. 1, D No. 2 and D No.
5) clearly establish that Rs. 11,000 was deposited by the
petitioner, Mohammed Jaleel, on 21.03.2011. This is
corroborated by the testimony of Gokuldas (W43) and
Prasanth Kumar (W42) regarding the modus operandi
and by statements from bank officials (CW1, CW2,
CW7), along with supporting documentary proof (D
No. 1, D No. 2 and D No. 5)
7. It is most humbly submitted that the petitioner's
reliance on Neeraj Dutta is also misplaced. This
judgment lays down the requirement of proving
demand and acceptance for convicting a public servant
u/s 7 or 13(1)(d) PC Act. However, the petitioner here is
not charged as the principal offender under those
sections he faces charges of abetment and criminal
conspiracy. For these offences, it is not necessary for the
prosecution to prove a formal demand by the public
servant.
8. Accordingly, the Charge 12 of the PC Act does not
require proof of a direct demand or acceptance of
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gratification by a public servant. The very act of offering
a bribe is itself an offence. In abetment charges u/s 12 of
the PC Act, it is not essential to prove an explicit
demand by the public servant. The petitioner's conduct
in depositing money into a known conduit account, in
synchrony with other accused, is compelling proof of
intentional facilitation.
9. As held by the Hon'ble Supreme Court of India in
CBI v. Ramesh Gelli, (2016) 3 SCC 788, in
conspiracy and abetment cases, it is unnecessary to
identify a specific passenger cleared in exchange for each
payment, so long as the purpose and pattern of the illegal
scheme are proved. The evidence of deposits into the
designated conduit account, corroborated orally and in
documents is more than sufficient to establish a prima
facie case, which alone is required at the pretrial stage to
proceed further with for a trial, to establish the charges
conclusively as against the Accused.
10. It is submitted that the charges framed against the
petitioner U/s 120B IPC, 11, 12, 13(2) r/w 13(1)(a) &
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(d) and 14 of the Prevention of Corruption Act, 1988
are based on specific and cogent materials. These include
the pay-in slip dated 21.03.2011 evidencing deposit of
Rs. 11,000 by the petitioner into the conduit account of
approver Prasanth Kumar, statements of bank officials
(Shri. Andrews - CW1, Smt. Preetha K. - CW2 and
Prasanth P. - CW7) identifying the transaction and
account holder, and statements of the approvers
Prasanth Kumar (CW42) and Gokuldas (CW43)
detailing the conspiracy and identifying the petitioner's
role. Such evidence, taken together, clearly discloses the
commission of the charged offences."
10. In the instant case, it would appear that the revision
petitioner herein worked in CIAL from 26.05.2008 till
24.06.2009. But the prosecution allegation is that even
though the revision petitioner was relieved of his duties in
CIAL on 24.04.2009, he continued to clear passengers
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without emigration clearance with the aid of other accused.
The statement of Sri.Prasanth Kumar V.M. and Sri M.D.
Gokul Das would show that even after retirement, the
petitioner continuously reached CIAL and facilitated travels
of passengers without emigration clearance on getting bribes
from the travel agents. The remittance of amounts in this
regard into the account of Sri. Prasanth Kumar, and the
subsequent withdrawal of the same using his ATM card,
overlapping the period upto 2011 along with the treat
provided to Sri.Prasanthkumar by the revision petitioner
and other officials for the purpose of this adjustment, are
prima facie made out from the prosecution records.
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Therefore merely on the ground that the revision petitioner
was relieved from his assignment in CIAL on 24.04.2009, it
could not be held at this stage that he did not have any role
in clearing the passengers without emigration clearance as
alleged by the prosecution.
11. On the contrary, the prosecution materials
supported by the statements of Witness Nos. 42 and 43, as
well as the statements of the bank officials (CWs 1, 2, and 7),
with the aid of Document Nos. 1, 2, and 5--prima facie
establishes the involvement of the petitioner in the crime,
thereby necessitating the trial of the matter after framing of
charge. In such a case quashment could not be considered
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for the reasons urged by the revision petitioner. Therefore
the revision petition is liable to fail and is accordingly
dismissed.
It is specifically made clear that the observations in this
order have no binding effect while deciding the case on
merits, and the same are intended to address the plea of
quashment. During trial the special judge shall decide the
case on merits on the strength of evidence to be adduced.
Sd/-
A.BADHARUDEEN, JUDGE
RMV
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PETITIONER ANNEXURES
Annexure A-1 ACCUSED COPY OF THE FINAL REPORT IN C.C. NO.
9 OF 2016 ON THE FILE OF THE COURT OF SPECIAL
JUDGE, CBI-I, ERNAKULAM
Annexure A-2 TRUE COPY OF THE 161 STATEMENT OF CW9 ANIL AK
Annexure A-3 TRUE COPY OF THE 161 STATEMENT OF SANTHOSH
KUMAR (CW23)
Annexure A-4 TRUE COPY OF THE 161 STATEMENT OF PRASANTH
KUMAR CW42
Annexure A-5 TRUE COPY OF THE 161 STATEMENT OF GOKULDAS
CW43
