HC dismisses Ebrahim Kunju’s plea as withdrawn

He sought to lift bail condition that he shall not leave Ernakulam

The Kerala High Court on Wednesday dismissed as withdrawn a petition filed by V.K. Ebrahim Kunju, former PWD Minister and an accused in the Palarivattom flyover corruption case, seeking to lift the bail condition that he shall not leave Ernakulam district without the permission of the Vigilance court.

When the petition came up for hearing, Justice P.V. Kunhikrishnan orally observed that he was granted bail on serious health grounds. However, he was seen attending many public functions. The court had strong doubt whether he had misled the court that he suffered from a serious health problem when the court had considered his plea and granted him bail.

‘Misled court’

Opposing the plea of Mr. Kunju, State Attorney K.V. Sohan submitted that Mr. Kunju had misled the court and obtained bail. If the condition was lifted, he would influence the witnesses living outside the district. He further submitted that the chargesheet had not been filed in the flyover corruption case. Only a fact report had been filed. Besides, Mr. Kunju was facing allegations of corruption in the construction of the Chamravattom bridge in Ponnani. The Vigilance and Anti-Corruption Bureau (VACB) had collected sufficient evidence to implicate him in the case.

Counsel for Mr. Kunju sought to withdraw his petition in view of the judge’s remarks and the court then allowed him to withdraw the petition.

In his petition, Mr. Kunju said that he reliably understood that the investigation was complete and the VACB would soon file the final report after completing the formalities relating to sanction. He submitted that he was still undergoing chemotherapy once every week. In fact, the condition restraining his travel outside the Ernakulam district could be lifted as the investigation was over and the bail order had stipulated sufficient condition for his prompt appearance before the court or before the investigation. He was facing great hardships due to this bail condition as he could not meet his near relatives residing outside the Ernakulam district. Moreover, he wanted to go on a pilgrimage to various mosques within the State.