Kerala High Court
Shri.Raman Namboodiri vs The State Of Kerala on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.21184 OF 2020(W)
PETITIONER/S:
1 SHRI.RAMAN NAMBOODIRI
AGED 66 YEARS
S/O NARAYANAN NAMBOODIRI,MANJURULI
MANA,VALLIKAPATTA.P.O,MALAPPURAM DISTRICT,PIN-
679324.
2 SMT.DEVI.A.M,
W/O RAMAN NAMBOODIRI,MANJURULI MANA,
VALLIKKAPATTA.P.O,MALAPPURAM DISTRICT,
PIN-679324.
3 SHRI.MURALEEDHARAN,
S/O.RAMAKURUP,VARUN NIVAS,MANKADA-
PALLIPURAM,MALAPPURAM DISTRICT,
PIN-679324.
4 SHRI.SANKARANARAYANA MENON,
C/O.KESAVAN NAIR,SREENILAYAM,VALLIKKAPATTA,
MALAPPURAM DISTRICT,PIN-679324.
5 SMT.INDIRA.K.T,
W/O.SUBRAMANYAN,ATHIRA,VALLIKKAPATTA,
MALAPPURAM DISTRICT.
6 SHRI.BALAKRISHNAN.K.T,
S/O .AYYAPPAN,KANNACHANTHODI HOUSE,
PANAYI,AANAKAYAM,MALAPPURAM DISTRICT.
7 SHRI.SASEENDRAN,
S/O AYYAPPAN,KANNACHANTHODI HOUSE,
AANAKAYAM,MALAPPURAM DISTRICT.
8 SHRI.K.BALAKRISHNAN,
2
W.P.(C) No.21184 of 2020
S/O PANJAN,KUNNUMMAL HOUSE,
VALLIKAPATTA.P.O.
9 SHRI.UNNIKRISHNAN,
U.K.LOTTERIES,MANJERI,U.K.HOUSE,PUNNAPPALA,P.O.
VANDOOR,MALAPPURAM DISTRICT.
10 SMT.NIRMALA.K,
W/O.RAMACHANDRAN,PAREKUTH HOUSE,
VALLIKAPATTA.P.O,MALAPPURAM DISTRICT.
11 SHRI.VIJAYAN.P.M,
S/O PARAMESWARAN NAMBOOTHIRI,
PERUMPALLY MANA,P.O.VALLIKKAPATTA,
MALAPPURAM DISTRICT.
12 DR.SASIDHARAN.P,
S/O.PARAMESWARAN NAMBOOTHIRI,
PERUMBALLY MANA,P.O.VALLIKAPATTA,
MALAPPURAM DISTRICT.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SRI.SACHIN JACOB AMBAT
SHRI.HARIKRISHNAN S.
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY (HOME
DEPARTMENT),GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 THE STATE POLICE CHIEF,
3
W.P.(C) No.21184 of 2020
POLICE HEAD QUARTERS,TRIVANDRUM,
PIN-695001.
3 THE DISTRICT POLICE CHIEF,
MALAPPURAM -676505.
4 THE STATION HOUSE OFFICER,
MANJERI POLICE STATION,
MALAPPURAM,PIN-676121.
5 THE DIRECTOR,
VIGILANCE AND ANTI CORRUPTION
BUREAU,TRIVANDRUM,PIN-695001.
6 THE ANAKKAYAM SERVICE CO-OPERATIVE BANK
LTD.NO.F.880,
ANAKKAYAM POST,MALAPPURAM DISTRICT,PIN-676509.
(CORRECTED)
THE ANAKKAYAM SERVICE CO-OPERATIVE BANK LTD.
NO.F 880,
ANAKKAYAM POST, MALAPPURAM DISTRICT, PIN - 676
509, REPRESENTED BY ITS SECRETARY,
(CAUSE TITLE OF R6 IS CORRECTED AS PER ORDER
DATED 6/11/2020 IN I.A.NO.1/2020 IN
WP(C)NO.21184/2020.)
R6 BY ADV. SRI.P.P.JACOB
SMT K B SONY PP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
4
W.P.(C) No.21184 of 2020
JUDGMENT
The writ petitioners are members of the Anakkayam
Service Co-operative Bank Limited (for short 'the Bank') and also
persons who have deposited money in that Bank.
2. An enquiry was conducted by the Unit Inspector of
Assistant Registrar (General) Office, Manjeri with regard to
certain malpractices allegedly committed in the Bank and a
report was filed.
3. On the basis of a complaint filed by the Secretary of
the Bank, a case was registered against the employees of the
Bank under Sections 406 and 420 IPC as Crime No.23/2019 of
the Manjeri Police Station.
4. This writ petition is filed for issuing a direction to the
State Police Chief to handover the investigation of Crime No.23 of
2019 of the Manjeri Police Station to the Director, Vigilance and
Anti-Corruption Bureau (VACB).
W.P.(C) No.21184 of 2020
5. Heard learned counsel for the petitioners and the
learned Public Prosecutor and also the learned counsel for the 6 th
respondent.
6. When the writ petition came up for hearing today
before this Court, learned Public Prosecutor has made available a
copy of the statement submitted on behalf of the 5 th respondent,
for perusal of this Court. This statement shows that, during the
course of investigation of Crime No.23/2019 of the Manjeri Police
Station, it was revealed that the employees of the Anakkayam
Service Co-operative Bank, who are public servants, have
committed of the offence punishable under Section 13(1) read
with 13(2) of the Prevention of Corruption Act, 1988 and also
under Sections 465, 468 and 471 IPC. It is mentioned in this
statement that a detailed report was given by the local police to
handover the case to the VACB. It is further stated that as per
order No.Vig-B2/68/2020 of the Additional Chief Secretary,
Thiruvananthapuram dated 12.06.2020 the case was transferred
W.P.(C) No.21184 of 2020
to the VACB. It is further stated that on the basis of order
No.13467/2020 dated 25.08.2020 of the Director, VACB, a
vigilance case has been registered as VC-04/2020 MPM by the
VACB Malappuram unit.
7. Learned counsel for the petitioners submitted that a
direction may be given to the 5 th respondent to constitute a
special investigation team under the supervision of an officer not
below the rank of a Superintendent of Police for investigation of
the aforesaid case. No such relief can be granted at this stage of
investigation. The investigation of the case by the VACB has only
started and now it cannot be found that the present team will not
investigate the case properly. If the petitioners are aggrieved by
the manner in which the investigation is conducted by the VACB,
at a later stage, they may seek appropriate relief pointing out
any defect in the investigation.
8. In view of the fact that the case has been transferred
to the VACB for investigation, nothing survives in the writ
W.P.(C) No.21184 of 2020
petition and it can be closed.
9. The Registry shall incorporate a copy of the statement
of the Dy.S.P, VACB in the writ petition.
10. The writ petition is closed with the above
observations.
Sd/-
R.NARAYANA PISHARADI
JUDGE
rpk
W.P.(C) No.21184 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF REPORT OF THE ENQUIRY
OFFICER DATED 26.06.2019 OBTAINED UNDER
RIGHT TO INFORMATION ACT.
EXHIBIT P2 TRUE COPY OF PETITION DATED 19.07.2019
SUBMITTED BEFORE THE 3RD RESPONDENT BY
15 PERSONS INCLUDING THE PETITIONERS.
True copy
P.A to Judge
