Kerala High Court
Libin M Ali vs State Of Kerala on 2 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.788 of 2025
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2025:KER:48067
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
WP(CRL.) NO. 788 OF 2025
CRIME NO.1141/2024 OF Palarivattom Police Station,
Ernakulam
PETITIONER(S):
LIBIN M ALI
AGED 39 YEARS
ANTHRAVALLY HOUSE, EDATHALA NORTH P.O,
PUKKATTUMUKAL, ALUVA EAST, ERNAKULAM, KERALA,
PIN - 683561
BY ADV. SHRI.ADIL.M.H
RESPONDENT(S):
1 STATE OF KERALA
DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATION HOUSE OFFICER, PALARIVATTOM POLICE
STATION, ERNAKULAM
PALARIVATTOM POLICE STATION, CIVIL LINE RD,
OPPOSITE PALARIVOTTAM BUSSTOP, PALARIVATTOM
JUNCTION, SONIA NAGAR, PALARIVATTOM, ERNAKULAM,
KERALA, PIN - 682025
3 COMMISSIONER OF POLICE , ERNAKULAM CITY
COMMISSIONER OFFICE, ERNAKULAM CITY, PARK VIEW,
MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011
4 DIRECTOR GENERAL OF POLICE, KERALA
W.P.(Crl.).No.788 of 2025
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DIRECTOR GENERAL OF POLICE, KERALA POLICE
HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 695010
BY ADVS.
DIRECTOR GENERAL OF PROSECUTION
SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND
ADDL. P.P.
SHRI.SAJJU.S., SENIOR G.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 02.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(Crl.).No.788 of 2025
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P.V.KUNHIKRISHNAN, J
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W.P.(Crl.) No.788 of 2025
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Dated this the 02nd day of July, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the following reliefs:
"1. Direct a Comprehensive Investigation:
Issue a writ of mandamus directing the Kerala Police, preferably through the Crime Branch or a Special Investigation Team, to conduct a thorough and time- bound investigation as per Exhibit-P11 and Exhibit- P12 into the roles of Sajeena, Pradeep Kumar, Arun P.T., Aswathy, Anju, Chinju, Milton, and other staff/runners of Genius Overseas and Consulting in the fraudulent scheme, consolidating evidence from FIR Nos. 1141/2024, 1075/2024, 1084/2024, 1122/2024 (Palarivattom), 1175/2024 (Puthenkurish), 1828/2024 (Thodupuzha), 1042/2024 (Koothattukulam), and 1138/2024 (Mulanthuruthy), to ensure accountability for all perpetrators.
2. Mandate Registration of FIR Against All Accused: Direct the Palarivattom Police Station or an appropriate authority to register an FIR against W.P.(Crl.).No.788 of 2025 4 2025:KER:48067 Pradeep Kumar, Arun P.T., Anju, Chinju, Milton, and other involved staff under Sections 316(2) (criminal breach of trust), 318(4) (cheating), 3(5) (common intention), 111 (organized crime), and 351(2) (criminal intimidation) and Section 61 (1), of the Bharatiya Nyaya Sanhita, 2023, along with other applicable provisions for scam, conspiracy, death threats, and financial fraud, based on the evidence provided (Exhibits-P1 to P12).
3. Freeze Bank Accounts of Accused: Issue directions to freeze the bank accounts of Sajeena (ICICI Bank, Palarivattom Branch, A/c No. 102901510731), Aswathy, Pradeep Kumar, Anju, Chinju, Milton, and other staff involved in the fraud, pending investigation and civil recovery proceedings, to prevent dissipation of ill-gotten gains and safeguard the victims' financial interests.
4. Facilitate Recovery Through Civil Proceedings and Consumer Court: Direct the appropriate authorities to assist the petitioner and other victims in initiating civil proceedings under the Code of Civil Procedure, 1908, for recovery of defrauded amounts (over ₹5 crore) based on breach of contract (Exhibits-P1, P5) and fraudulent inducement of payments (Exhibits-P2, P3, P4, P6, P7). Further, direct the victims to approach the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019, to seek compensation for deficiency in service, W.P.(Crl.).No.788 of 2025 5 2025:KER:48067 unfair trade practices, and violation of consumer rights, ensuring expedited adjudication.
5. Impose Travel Restrictions on Accused:
Direct the Bureau of Immigration, passport authorities, and other relevant agencies to impose travel restrictions on Sajeena, Pradeep Kumar, Arun P.T., Aswathy, Anju, Chinju, Milton, and other accused to prevent absconding, given Pradeep Kumar's history of evading justice (Exhibit-P9) and the risk of flight to avoid prosecution and financial liability."[SIC]
2. According to the petitioner, he was defrauded by Genius Overseas and Consulting agency. It is the case of the petitioner that, huge amount is collected from the petitioner and 17 others offering job abroad.
Thereafter, the above establishment and its office bearers cheated the petitioner and other victims. The petitioner is aggrieved by the investigation conducted by the present Investigating Officer.
3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
4. Counsel for the petitioner reiterated the W.P.(Crl.).No.788 of 2025 6 2025:KER:48067 contentions raised in this Writ Petition. The Public Prosecutor submitted that the investigation is going in a smooth manner, and the 1 st accused has already been arrested, and the bank accounts were also freezed. There is nothing to interfere with the present investigation.
Counsel for the petitioner submitted that there are six others to be arrested, and they are trying to abscond from India.
5. Admittedly, the investigation is now conducted by the Station House Officer, Palarivattom Police Station. Considering the facts and circumstances of the case, I think a senior officer above the rank of Station House Officer should investigate the matter considering the gravity of the case. Therefore, there can be a direction to the 3rd respondent to depute a senior officer above the rank of Station House Officer to investigate the matter. The other prayers in the Writ Petition are left open and the petitioner is free to avail alternative remedies in accordance with law.
W.P.(Crl.).No.788 of 2025 72025:KER:48067 Therefore, this Writ Petition (Crl.) is disposed of in the following manner:
1. The 3rd respondent is directed to depute a senior officer above the rank of Station House Officer to investigate Crime No.1141/2024 of Palarivattom Police Station, within two weeks from the date of receipt of a copy of this judgment.
2. The new Investigating Officer will do the needful to apprehend the accused and to complete the investigation, as expeditiously as possible.
3. If any civil rights of the petitioner are infringed, the petitioner is free to approach the competent civil court or other forums in accordance with the law.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE DM W.P.(Crl.).No.788 of 2025 8 2025:KER:48067 APPENDIX OF WP(CRL.) 788/2025 PETITIONER EXHIBITS EXHIBIT-P1 THE AGREEMENT BETWEEN THE PETITIONER AND THE CONSULTANCY DATED 24/11/2023 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P1.
EXHIBIT-P2 THE PAYMENT RECEIPT AND CORRESPONDING BANK RECEIPT DATED 24/11/2023 ISSUED TO THE PETITIONER ARE PRODUCED HEREWITH AND MARKED AS EXHIBIT-P2 EXHIBIT-P3 THE PAYMENT RECEIPT AND BANK RECEIPT FOR THE TRANSACTION DATED 03/06/2024 ISSUED TO THE PETITIONER ARE PRODUCED HEREWITH AND MARKED AS EXHIBIT-P3. EXHIBIT-P4 THE RECEIPT DATED 21/06/2024, ISSUED IN THE NAME OF A GOVERNMENT AUTHORITY BY THE CONSULTANCY TO THE PETITIONER , IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P4.
EXHIBIT-P5 THE AGREEMENT BETWEEN ANOOB TM AND THE
CONSULTANCY DATED 11.03.2024 IS
PRODUCED HEREWITH AND MARKED AS
EXHIBIT-P5.
EXHIBIT-P6 THE PAYMENT RECEIPT OF SIJO FRANCIS
DATED 18/07/2024 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P6 EXHIBIT-P7 THE BANK STATEMENT AND RECEIPT FOR THE PAYMENT DATED 02/08/2024 ISSUED TO ANOOB T.M IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P7 EXHIBIT-P8 THE PHOTOGRAPH OF ARUN P.T IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P8 EXHIBIT-P9 AN UNDATED ARTICLE IN MANORAMA MALAYALAM NEWS DAILY REPORTING PRADEEP KUMAR'S PRIOR ARRESTS IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P9. EXHIBIT-P10 THE COPY OF THE FIR DATED 13/11/2024 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P10 EXHIBIT-P11 THE RECEIPT OF THE COMPLAINT SUBMITTED TO ERNAKULAM POLICE COMMISSIONER BY W.P.(Crl.).No.788 of 2025 9 2025:KER:48067 THE PETITIONER AND HIS FRIENDS IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P11.
EXHIBIT-P12 THE COMPLAINT SUBMITTED TO DGP BY PETITIONER'S FRIEND ANOOB T.M DATED 22/03/2025 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P12