ED Moves Kerala High Court For Cancellation Of Bail Granted To Santhosh Eapen By Sessions Court In LIFE Mission Case

The Enforcement Directorate (ED) has approached the Kerala High Court for cancellation of bail granted by the Sessions Court to Santhosh Eapen, Managing Director of Unitac Builders and an accused in the LIFE mission corruption case.

The Special Court for PMLA (Prevention of Money Laundering) Cases had granted bail to Eapen in March in a crime registered by the ED. The allegation against Eapen is that as head of M/s Unitac builders and M/s Sane Ventures, a huge amount of money collected for construction of residential apartments for flood affected people in Wadakkanchery was illegally siphoned off by him as upfront commission for execution of the LIFE (Livelihood Inclusion Financial Empowerment) Mission project.

The Directorate has sought cancellation of the bail saying the case involves serious allegations of money laundering affecting national interest.

According to the FIR registered by the CBI, Eapen with the concurrence of several State officials, had illegally accepted money from UAE Red Crescent, a UAE based Humanitarian body, for executing the LIFE Mission Project. It is alleged that out of these foreign funds illegally received by M/s. Unitac and M/s. Sane Ventures, several middle men including Government Officials and State representatives have received huge amounts as commission amounting to Rs. 4.5 Crores.

The ED in its plea has argued that the Sessions Court did not correctly apply the twin conditions for bail under Section 45 of PMLA, 2002 while granting bail to Eapen. The ED also contends that the Special Judge did not disclose any reason as to how Eapen is not guilty of the offence punishable under Section 4 of PMLA.

The ED also apprehends that since the investigation is still going on, the accused may influence witnesses and tamper evidence which could be detrimental to the investigation.

“Analysis of evidences gathered so far, including digital evidences such as WhatsApp conversations, IMEI Number of the Mobile Phone and various other Statements provided by other co-accused under Section 50 of PMLA, 2002, it is found that Shri Santhosh Eappen is guilty of the offence of money laundering and is directly involved in the processes or activities connected with proceeds of crime, namely, its possession, acquisition and use of the same and thus committed the offense of money laundering as defined under Section 3 of PMLA, 2002 punishable under Section 4 of PMLA, 2002. That despite the fact that there is prima facie evidence against A1, the Learned Special Judge enlarged the Accused on Bail” the Directorate has stated in its plea.

Case Title: The Assistant Director, Directorate of Enforcement V. Santhosh Eappen