Palarivattom Flyover Scam: Former Minister VK Ebrahim Kunju Moves Kerala High Court Seeking Relaxations In Bail Conditions

Former PWD Minister, VK Ebrahim Kunju has yet again approached the Kerala High Court seeking relaxation in the bail conditions imposed on him in the Palarivattom flyover scam. 

The applicant was accused of causing irregularities in the construction of a flyover at Palarivattom and has been in custody for the past seven months. 

He has presently approached the High Court seeking the deletion of a particular bail condition that was imposed upon him, restraining him from leaving the jurisdictional limits of the Ernakulam district. 

The Indian Union Muslim League leader justified his request citing the extreme hardships he was subjected to due to this restriction, owing to the medical conditions he is suffering from. 

He has emphasized that during his arrest as well as when the bail was granted, the applicant was undergoing treatment in the Lake Shore Hospital at Ernakulam. Reportedly, even after the execution of the bail bond, he resumed being admitted to the hospital due to the gravity of his illnesses. 

In his application, it is submitted that he has been scrupulously complying with all the conditions stipulated by the Court since the date of execution of the bail bond. The investigation officers had purportedly not sought his presence after he was released on bail for any further interrogation.

At present, a Criminal Miscellaneous Petition has been preferred by the petitioner on the ground that investigation in the matter was complete and the factual report had also been forwarded for sanction. 

Under such circumstances, the applicant submitted that his continued presence in the district was not essential for the investigation or any other incidental purposes. Therefore, no prejudice would be caused to the prosecution by the deletion of the said condition, he asserted.   

Furthermore, completion of the trial in the instant matter would take years, it was submitted. 

Background

The applicant was accused of releasing approximately 9 crores from the Treasury as advance to the builder at nominal interest, thereby causing a loss of around 60 lakh to the exchequer. This came to light when an expert team identified major defects with the flyover that was built in the city.

He had moved the Court seeking the same relief previously in March 2021. However, the Court refused to entertain the application, and consequently, the application was withdrawn. 

The Court had earlier turned down the applicant's bail plea on the ground that there were serious allegations against him and he was therefore not entitled to the benefit of bail on merit at this stage. 

While dismissing his first bail application, Justice PV Kunjikrishnan had granted the applicant the liberty to move a fresh bail application after he was shifted to the prison.

Accordingly, he had moved the Court once again and was pursuantly granted bail on strict conditions in January 2021. 

In his plea, the former Minister had sought bail on medical grounds, claiming to be suffering from multiple myeloma with renal failure and undergoing treatment for the same.

Case Title: V.K. Ebrahim Kunju vs. State of Kerala

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