Flyover scam:Kerala court dismisses bail plea filed by ex- minister

The Muvattupuzha Vigilance court also dismissed a vigilance application seeking his custody but permitted the agency to question the ailing former minister and IUML MLA a few hours a day at a private hospital in Kochi where he is admitted for treatment of cancer. Dismissing the bail plea, the court observed that it is a case in which there is allegation of embezzlement of crores of rupees from the public exchequer.

A vigilance court on Thursday dismissed a bail plea filed by former minister V K Ebrahim Kunju, arrested by the Vigilance and Anti-Corruption Bureau (VACB) in a flyover scam case. The Muvattupuzha Vigilance court also dismissed a vigilance application seeking his custody but permitted the agency to question the ailing former minister and IUML MLA a few hours a day at a private hospital in Kochi where he is admitted for treatment of cancer.

Dismissing the bail plea, the court observed that it is a case in which there is allegation of embezzlement of crores of rupees from the public exchequer. Quoting the Supreme Court judgement in Nimmagadda Prasad Vs CBI case, the vigilance court said the apex court had held that socio-economic offences constitute a class apart and needed to be visited with a different approach in the matter of bail.

Noting that the Supreme Court has made it clear that such offences have deep rooted conspiracies affecting the moral fibre of the society and causing irreparable harm, the court said "definitely, this case also will come within the category of socio economic offences." "So it is not desirable to show much leniency in the matter of bail.Considering the nature of the allegation, I am of the view that this is not a right time to release the accused on bail. Moreover, if bail is granted at this stage, the same will give a wrong signal to the society," the court said.

Dismissing the plea to grant police custody of the accused, the court, which studied the report of a medical board constituted by it to assess the health of Kunju, said "there is no material suggestive of the fact that the accused is sound in body." "From a perusal of the report of the Medical Board it can be seen that the fifth accused (Kunju) is not in a position to be granted in police custody," the court said. However, the court allowed the investigating officer to interrogate the accused in the hospital where he is undergoing treatment.

As per the court order, the officer is permitted to interrogate Kunju from 9 am to 12 noon and 3 pm to 4 pm on November 30. It said the officer and the other members in the team intending to take part in the questioning shall undergo COVID test within 24 hours before commencement.

Before starting interrogation the investigating officer shall ascertain the health condition of the accused from the doctor under whom he is undergoing treatment, the court said. Directing the officer not to subject Kunju to any physical or mental torture during the course of interrogation, the court said no obstruction should be caused to the medication and treatment which the accused requires.

The court also directed the officer to give 15 minutes break after completion of every one hour of interrogation. Kunju's arrest was recorded by the VACB last week at the private hospital.

The IUML leader, representing Kalamassery constituency in the state assembly, was interrogated multiple times in the past by the agency in connection with the Palarivattom flyover scam case. The Vigilance has alleged Kunju sanctioned interest-free funds to the contracting company, which had built the flyover, now closed after it developed cracks within a year of its inauguration in 2016.

The arrest came eight months after he was arraigned as accused in the corruption case relating to the construction of the flyover in the city.PTI TGBBN WELCOME TGBBN WELCOME.

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