Jisha Ragesh vs South Indian Bank Ltd
2022 Latest Caselaw 4282 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                          WP(C) NO. 8408 OF 2022
PETITIONER:

              JISHA RAGESH
              AGED 39 YEARS
              W/O. KAVITHA NIVAS, SANATHANAM WARD, ALAPPUZHA - 688001.
              BY ADV R.UMASANKAR


RESPONDENTS:

     1        SOUTH INDIAN BANK LTD.
              REGIONAL OFFICE, TMJ COMPLEX, 2ND FLOOR, MC ROAD,
              RAMANCHIRA, PUTHUR P. O., THIRUVALLA - 673104.,
              REPRESENTED BY ITS DEPUTY GENERAL MANAGER.
     2        THE BRANCH MANAGER
              SOUTH INDIAN BANK LTD., KARTHIKAPPALLI BRANCH,
              ST. THOMAS BUILDING, KARTHIKAPPALLI, ALAPPUZHA - 690516.
     3        CENTRAL BUREAU OF INVESTIGATION
              ANTI CORRUPTION BRANCH OFFICE, ERNAKULAM - 682 011,
              REPRESENTED BY DIRECTOR.
              BY ADVS.
              SUNIL SHANKER
              KEVIN VARGHESE JACOB
              V. GIREESHKUMAR- CGC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.8408 OF 2022

                                        2


                                JUDGMENT

Dated this the 7th day of April, 2022

The petitioner approached this Court seeking to direct

respondents 1 and 2 to release the Title Deeds of the land

admeasuring 4.25 ares in Mullakkal Village, which is held by

the 2nd respondent, notwithstanding and/or without prejudice to

the pendency of the criminal case being investigated by the 3 rd

respondent.

2. The petitioner availed a vehicle loan from

respondents 1 and 2. Title deeds in respect of landed property

were pledged. It appears that subsequently, the 3 rd

respondent-Central Bureau of Investigation (CBI) caused

investigation against the officials of respondents 1 and 2.

Though the petitioner remitted the entire outstanding amount

with accrued interest and closed the loan, the respondents 1

and 2 did not release the Title Deeds. Respondents 1 and 2

refused to release the Title Deeds to the petitioner on the WP(C) NO.8408 OF 2022

ground that a CBI investigation is pending.

3. When this writ petition came up for hearing today,

the learned Assistant Solicitor General of India submitted that

though an investigation is pending against Officers under the

1st respondent, the petitioner is not an accused in the case,

though the petitioner is a beneficiary of fraudulent

transactions. The Title Deeds of the petitioner are not

documents required for proceeding with the investigation of

the crime. Therefore the 3rd respondent has no objection in the

Bank releasing the Title Deeds.

In view of the afore facts and in view of the stand taken

as above, the writ petition is disposed of directing the

respondents 1 and 2 to release the original Title Deeds of the

petitioner deposited with them, within a period of two weeks.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.8408 OF 2022

APPENDIX OF WP(C) 8408/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE LETTER DATED 25.02.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 COPY OF THE LETTER DATED 28.02.2022 ISSUED BY THE 1ST RESPONDENT.