N.A.Abraham vs State Of Kerala
2023 Latest Caselaw 2161 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
                      WP(CRL.) NO. 55 OF 2023
PETITIONERS:
     1     N.A.ABRAHAM
           AGED 69 YEARS
           RETIRED BSNL EMPLOYEE, CONVENOR,
           BSNL EMPLOYEES CO-OPERATIVE SOCIETY LTD
           T-950 SAVE FORUM NAITHELLOOR HOUSE,
           CRA - K9,KOWDIAR P.O,, PIN - 695003

    2     UMASANKAR M.N
          TC 41/2657, SRA 111, ANJALI GARDENS,
          MANACAUD P.O.,
          THIRUVANANTHAPURAM, PIN - 695009

          BY ADVS.
          P.VIJAYAKUMAR
          C.R.REGHUNATHAN
          R.BALAKRISHNAN
          B.HARRYLAL

RESPONDENTS:
     1     STATE OF KERALA
           CHIEF SECRETARY,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR
          THIRUVANANTHAPURAM,2ND FLOOR,
          CIVIL STATION BUILDING,
          THIRUVANANTHAPURAM, PIN - 695043

    3     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
          THIRUVANANTHAPURAM,
          JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION,
          THYCAUD P.O, THIRUVANANTHAPURAM, PIN - 695014

    4     THE ASSISTANT REGISTRAR GENERAL OF
          CO-OPERATIVE SOCIETIES,
          HOUSING BOARD JUNCTION,
          THIRUVANANTHAPURAM, PIN - 695001

    5     DIRECTOR GENERAL OF POLICE
          POLICE HEAD QUARTERS, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695010
 WP(CRL.) NO. 55/2023
                          ..2..

    6    DIRECTOR VIGILANCE AND ANTICORRUPTION
         LAW COLLEGE ROAD, OPPO. KSRTC DEPOT,
         THIRUVANANTHAPURAM, PIN - 695033

    7    THE STATION HOUSE OFFICER
         VANCHIYOOR POLICE STATION,
         VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035

    8    DEPUTY DIRECTOR OF ENFORCEMENT
         DIRECTORATE OF ENFORCEMENT,
         COCHIN ZONAL OFFICE, KANOOS CASTLE,
         A.K. SESHADRI ROAD, KOCHI, PIN - 682011

    9    BSNL ENGINEERS CO-OPERATIVE SOCIETY LTD
         NO.T.950, UPPALAM ROAD, BSNL BHAVAN,
         TRIVANDRUM, PIN - 695001

   10    A.R. GOPINATHAN
         FORMER PRESIDENT, BSNL ENGINEERS
         CO-OPERATIVE SOCIETY, LTD NO.T.950,
         T.L 42/167(1), MANIGEETHAM, MUKKOLAKKL,
         MANACAUD P.O, THIRUVANANTHAPURAM, PIN - 695009

   11    MINIMOL
         FORMER VICE PRESIDENT, BSNL ENGINEERS
         CO-OPERATIVE SOCIETY, LTD NO.T.950,
         PRESENTLY WORKING AS DEPUTY GENERAL MANAGER (OP),
         O/O GENERAL MANAGER BSNL, NAGARCOIL),
         RESIDING AT INDIVARAM LANE,
         GANDHIPURAM, SREEKARAIYAM,
         THIRUVANANTHAPURAM, PIN - 695017

   12    K.V. PRADEEP KUMAR
         FORMER SECRETARY, BSNL ENGINEERS
         CO-OPERATIVE SOCIETY, LTD NO.T.950,
         'GURUPRABHA', VIVEKANANDA NAGAR,
         VELLAYANI UKKOD,
         THIRUVANANTHAPURAM, PIN - 695020

   13    S.S MAYA
         FORMER DIRECTOR,
         BSNL ENGINEERS CO-OPERATIVE SOCIETY,
         LTD NO.T.950, RESIDING AT SREESAILAM,
         GNRA-10, KURIATHI, MANAKKAD,
         THIRUVANANTHAPURAM, PIN - 695009
 WP(CRL.) NO. 55/2023
                          ..3..

   14    P.R MURTHY
         FORMER DIRECTOR, BSNL ENGINEERS CO-OPERATIVE
         SOCIETY, LTD NO.T.950, 6E CORDIAL CORONA,
         NANTHENCODE, KAWDIAR,
         THIRUVANANTHAPURAM, PIN - 695003

   15    K MANOJ KRISHNAN
         FORMER DIRECTOR, BSNL ENGINEERS
         CO-OPERATIVE SOCIETY, LTD NO.T.950,
         PRESENTLY WORKING AS AGM, BSNL KARNATAKA,
         RESIDING AT SAI PRABHA, HSLRA 29,
         KUMARAPURAM, MEDICAL COLLEGE P.O.,
         THIRUVANANTHAPURAM, PIN - 695011

   16    SOPHIAMMA THOMAS
         FORMER DIRECTOR, BSNL ENGINEERS
         CO-OPERATIVE SOCIETY, LTD NO.T.950,
         IRUPPAKATTU, C-46, ELANGATH NAGAR,
         THIRUMALA P.O.,
         THIRUVANANTHAPURAM, PIN - 695006

   17    PRASAD RAJ R.V
         FORMER DIRECTOR, BSNL ENGINEERS CO-OPERATIVE
         SOCIETY, LTD NO.T.950, PRESENTLY
         WORKING AS SUB DIVISIONAL MARKETING,
         O/O. THE CGMT, KERALA CIRCLE, BSNL- 695 033,
         RESIDING AT PRARDHANA, TC48/1133(27),
         ARAPURA, KUMARAPURAM, MEDICAL COLLEGE P.O.,
         THIRUVANANTHAPURAM, PIN - 695011

   18    K.A ANIL KUMAR
         FORMER DIRECTOR,
         BSNL ENGINEERS CO-OPERATIVE SOCIETY,
         LTD NO.T.950, PRESENTLY
         WORKING AS DGM (RURAL),
         TELEPHONE EXCHANGE PATHANAMTHITTA,
         BSNL- 689 711, RESIDING AT
         KIZHAKKEKKARA VEEDU, KOORAMPALAS,
         PANTHALAM P.O.,
         PATHANAMTHITTA, PIN - 689501

   19    RAJEEV A.R
         SENIOR CLERK, BSNL ENGINEERS
         CO-OPERATIVE SOCIETY LTD NO.T.950,
 WP(CRL.) NO. 55/2023
                          ..4..

         RESIDING AT TC 85/2046, 'SIVADANAM',
         KAITHAMUKKU,
         THIRUVANANTHAPURAM, PIN - 695024

         BY ADVS.
         GOVERNMENT PLEADER
         JAISHANKAR V.NAIR
         P.N.MOHANAN
         ASWINI SANKAR R. S .
         GILROY ROZARIO(K/399/2021)
         C.P.SABARI(K/973/2010)
         AMRUTHA SURESH(K/000971/2016)
         T.RAMPRASAD UNNI(K/962/1992)
         S.M.PRASANTH(K/957/1994)
         T.H.ARAVIND(K/000266/2017)

         SRI.M.P.PRASANTH G.P



     THIS WRIT PETITION (CRIMINAL) HAVING COME UP   FOR
ADMISSION ON 10.02.2023, THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 55/2023
                                ..5..

                           JUDGMENT

Dated this the 10th day of February, 2023

The main prayer in this W.P.(Crl.) is to constitute a Special

Investigation Team to conduct an investigation in Crime

No.1266/2022 of Vanchiyoor Police Station.

2. The learned Special Public Prosecutor for 3 rd

respondent has submitted that a Special Investigation Team has

already been constituted and investigation is going on. It is

further submitted that one of the accused has already been

arrested and remaining two accused could not be apprehended

since they are absconding.

Hence, this W.P.(Crl.) is disposed of with a direction to the

Special Investigation Team to conduct the investigation

expeditiously and file final report.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

APA WP(CRL.) NO. 55/2023 ..6..

APPENDIX OF WP(CRL.) 55/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPTS SHOWING THE DEPOSITS MADE BY THE 1ST PETITIONER BEFORE THE 9TH RESPONDENT

Exhibit P2 TRUE COPY OF THE FIXED DEPOSIT RECEIPTS SHOWING THE DEPOSITS MADE BY THE 2ND PETITIONER ALONG WITH HIS MOTHER BEFORE THE 9TH RESPONDENT

Exhibit P3 TRUE COPY OF THE STATEMENT SHOWING DETAILS RELATED TO RETURNABLE DEPOSITS AFTER MATURITY AND OF THE ACTUAL LOANS, AS THE PETITIONERS

Exhibit P4 TRUE COPY OF SUCH COMPLAINT / REPRESENTATION SUBMITTED BEFORE 5TH RESPONDENT/DIRECTOR GENERAL OF POLICE

Exhibit P4(a) TRUE COPY OF RECEIPT

Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 16/12/2022 SUBMITTED BEFORE THE 7TH RESPONDENT STATION HOUSE OFFICER OF VANCHIYOOR POLICE STATION

Exhibit P5(a) TRUE COPY OF THE RECEIPT

Exhibit P6 TRUE COPY OF THE COMPLAINT GIVEN ON 18/12/2022 BY SRI.NARAYANA MOORTHI, FATHER OF 2ND PETITIONER

Exhibit P6(a) TRUE COPY OF RECEIPT

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 29/11/2022 GIVEN BY SRI.RAJU S

Exhibit P7(a) TRUE COPY OF THE REPLY, IE, LETTER DATED 15.12.2022

Exhibit P8 TRUE COPY OF THE WEBSITE PAGE RELATED TO THE AMRITA SREE NIDHI LIMITED WP(CRL.) NO. 55/2023 ..7..

Exhibit P9 TRUE COPY OF THE WEB SITE PAGE RELATED TO THE 2ND COMPANY

Exhibit P10 TRUE COPY OF THE STATEMENT

Exhibit P10(a) TRUE COPY OF THE STATEMENT

Exhibit P10(b) TRUE COPY OF THE STATEMENT

Exhibit P10(c) TRUE COPY OF THE STATEMENT

Exhibit P11 TRUE COPY OF THE NEWSPAPER REPORTS APPEARED IN MATHRUBHUMI DATED 12.01.2023

ExhibitP12 TRUE COPY OF THE SIMILAR REPORTS APPEARED IN ENGLISH MEDIA INCLUDING THE HINDU

Exhibit P13 TRUE COPY OF THE RELATED NEWSPAPER REPORT APPEARED IN MATHRUBHUMI DATED 13.01.2023

Exhibit P14 TRUE COPY OF THE FIR