Bhavana Manoharan vs Station House Officer
2022 Latest Caselaw 2757 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                        OP(CRL.) NO. 105 OF 2022
   AGAINST THE ORDER/JUDGMENT IN CC 3/2020 OF COURT OF ENQUIRY
            COMMNR. & SPECIAL JUDGE, KANNUR AT THALASSERY
PETITIONERS/ACCUSED:

    1       BHAVANA MANOHARAN
            AGED 33 YEARS
            D/O. MANOHARAN, RESIDING AT LATHA NIVAS,
            CHIRAKKAL AMSOM DESOM, P.O. AROLI,
            KANNUR, PIN - 670563
    2       VYSHNA MANOHARAN
            AGED 26 YEARS
            D/O. MANOHARAN, RESIDING AT LATHA NIVAS,
            CHIRAKKAL AMSOM DESOM, P.O. AROLI,
            KANNUR, PIN - 670563
    3       CHAKKAPOYYAM MANOHARAN
            AGED 65 YEARS
            S/O. SREEDHARAN, RESIDING AT LATHA NIVAS,
            CHIRAKKAL AMSOM DESOM, P.O. AROLI,
            KANNUR, PIN - 670563
            BY ADV C.K.SREEJITH


RESPONDENT/COMPLAINANT & DEFACTO COMPLAINANT:

    1       STATION HOUSE OFFICER
            VALAPATTANAM POLICE STATION, KANNUR, PIN - 670009
    2       MUHAMMED JALEEL
            AGED 47 YEARS
            S/O. IBRAHIM, JEMS,
            NEAR MAKS NURSERY GARDEN, TALIKKAVU NORTH,
            KANNUR, PIN - 670001
            BY ADV.SMT. REKHA S., SENIOR GOVERNMENT PLEADER


     THIS   OP     (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 105 OF 2022
                                     2




                            JUDGMENT

Dated this the 11th day of March, 2022

The petitioners are the owners in possession of a

property. It is stated that the title deed of the above

property was misused by the accused to avail a loan

from a Service Co-operative Bank. Complaint was

laid by the petitioners and crime was registered.

Accused is facing trial. An application was filed by the

petitioners before the court below for release of the

title deed invoking Section 451 Cr.P.C. Counter has

also been filed. The petitioners have approached this

Court raising an apprehension that if the application is

allowed subject to condition to deposit the amount, it

will only benefit the accused. Hence, the petitioners

seek a direction to the court below to permit the

petitioners to recover compensation from the

accused.

2. Essentially, it is for the court below to

decide the application on merits and if the court OP(CRL.) NO. 105 OF 2022

below proposes to allow the application to fix the

terms and conditions, which the court below should

impose. This Court in exercise of jurisdiction under

the Constitution of India is not expected to give any

direction as to the manner, mode and the conditions

on which the application is to be disposed. It is made

clear that, the court below is absolutely free to pass

appropriate orders, having regard to the facts of the

case and also in the interest of parties concerned, at

the earliest.

The O.P.(Crl.) No.105 of 2022 is disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/11-3 OP(CRL.) NO. 105 OF 2022

APPENDIX OF OP(CRL.) 105/2022

PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PETITION FILED U/S.

451 CRPC FOR THE RELEASE OF THE DOCUMENTS STATED ABOVE AS CMP. NO. 8/2022 ON THE FILE OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, THALASSERY (VIGILANCE COURT)

EXHIBIT P2 THE TRUE COPY OF THE OBJECTION FILED BY THE POLICE

EXHIBIT P3 THE TRUE COPY OF THE STATEMENT FILED BY SECRETARY VALAPATTANAM SERVICE CO-OPERATIVE BANK

RESPONDENTS' EXHIBITS

TRUE COPY

P.A.TO JUDGE