Current issue (Palarivattom Flyover Scam)
The High Court on Monday granted bail to former PWD secretary T.O. Sooraj Sumit goyal (managing director of RDS projects, contractor of flyover work)and M. T. Thankachan (assistant general manager of roads and bridges development corporation Kerala). The two Sumit Goyal, managing director of RDS Projects, contractor of flyover work, and M.T. Thankachan assistant general manager Roads and Bridges Development Corporation Kerala (RBDCK). He was arrested in connection with the alleged corruption in the construction of Palarivattom flyover Scam.
Since their arrest on August 30, the three accused were lodged in Muvattupuzha sub-jail for 67 days for the three accused submitted that the bail should be granted as investigation in the case is in the final phase and further custodial interrogation of the three is not warranted, by the council the vigilance opposed granting bail, the court upheld arguments of the counsel for the accused and granted them bail with strict conditions. Earlier there were four accused in this case. Goyal was the first accused, Thankachan was the second accused in the case the third accused was benny Paul, (former joint general manager of KITCO) but he got bail earlier and Sooraj is the fourth accused.
The bail conditions include
- The accused should surrender their passports in the court within the period of ten days from the execution of the bond
- he should not interfere in the proceedings of the court or attempt to interfere in the investigation period in any manner.
- The accused should appear with any documents demanded by the court if he has possession of it.
- The accused should not leave the state without giving information to the authorities and have to appear up whenever he will be called by court and authority, the accused should show up every single time.
- And breach of any conditions will lead to cancellation of bail the accused should support anyhow. The arrest of the accused, particularly Mr Sooraj, was in connection with granting Rs 8.25 crore as advance payment to the contractor. The vigilance has submitted nearly 147 documents in the court in connection with alleged conspiracy on various irregularities linked to the selection of the contractor, advance payment of Rs 8.25 crore and watering down quality parameters in the flyover construction.
By following bail plea in the high court the team informed the high court that T. O. Sooraj had disproportionate assets during the construction of the flyover. Following this, the court heard the arguments of both parties and then granted bail
For this case the court relied on the judgment of few cases one of those is Jamiruddin Ansari vs. Central Bureau of investigation and other (2009) KHC 4644) it was contended that the prosecutor that when there is no change in circumstances the mere lapse of time in between the dismissal of the earlier application and also the subsequent bail application can’t be treated as ground for granting bail. The prosecution filed separate obligations on each of the accused. The court heard the arguments for all and at last, with reasonable reasons of all the court said that no purpose will be served by the further detention of petitioners and he inclined to grant bail to all the petitioners. The court granted bail to all the three.