Ex-IUML minister denied bail by Kerala HC in flyover scam case

The Kerala High Court on Monday dismissed the bail plea of former state minister V K Ebrahim Kunju, arrested in the flyover scam case, saying the charges against him were very serious and directed the Vigilance and Anti-Corruption Bureau (VACB) to find out the truth. In strong observations, Justice P V Kunhikrishnan noted that the erstwhile name of the bridge's locality meant a place of jackals and now people suspect it was not the animal but corrupt people who were wandering through the area, adding ''jackals are better than corrupt people.'' He granted Kunju, an IUML MLA, the liberty to file a fresh bail application once he was discharged from the hospital, where has been undergoing treatment for cancer while under judicial custody, and lodged in jail.

Kunju, arrested on November 18 in connection with alleged corruption in the construction of the flyover at Palarivattom during the previous Congress-led UDF rule, moved the high court after a Vigilance Court in Muvattupuzha dismissed his bail application recently ''After considering the entire contentions of the petitioner and the Vigilance Department, in my opinion, this is not a fit case in which the petitioner can be released on bail at this stage. ''The investigation is going on. Very serious allegations are there against a former minister of the state. Therefore, in my opinion, the petitioner is not entitled bail on merit at this stage,'' the Judge said in his order.

He noted that the Palarivattom flyover, which reduced the traffic problems in the city to some extent, is now unpopular because of alleged corruption in its construction. Observing that the name Palarivattom has evolved from the word 'Pagalnarivattom' which means a place where jackal roams even in the day time, the court said: ''Now Keralites suspect that it is not jackals but corrupt people wandering through this area''.

''The vigilance must find out the truth by conducting a fair and impartial investigation and restore the name of Palarivattom connected with that of jackals instead of corrupt people. Jackals are better than corrupt people,'' Justice Kunhikrishnan said in the order. Taking note of the medical board report on the health condition of the Kunju, he said a person who was admitted to a hospital of his choice a day before the arrest and being treated by a doctor he wanted was not entitled to relief under section 437(1) of CrPC especially when getting medical care.

Kunju, representing Kalamassery constituency in the state assembly, was quizzed by the VACB sleuths at the private hospital where his arrest was recorded following which a magistrate visited the premises and remanded him to judicial custody. Prior to it, he was interrogated multiple times in the past by the agency in connection with the case.

The Vigilance has alleged Kunju, then the Public Works Department Minister, 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 an accused in the case.

Kunju has dismissed as ''politically motivated'' the charges that he was responsible for the poor quality of the bridge, built in the previous UDF government headed by Oommen Chandy..