Kerala High Court
Udayarajan T vs The Inspector Of Police,( Sho) on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 17773 OF 2023
PETITIONER:
UDAYARAJAN T
AGED 4 YEARS
S/O. THYAGARAJAN,
KRISHNALAYATH,
CLAPPANA P.O.
KULASHEKHARAPURAM VILLAGE,
KOLLAM DISTRICT-690525
BY ADVS.
KRISHNADAS P. NAIR
K.L.SREEKALA
HARIDAS P.NAIR
SHINTO THOMAS
MANOJ VARMA K.G.
PRASOON.K.P
ANU PRABHAKAR
RESPONDENTS:
1 THE INSPECTOR OF POLICE,( SHO)
KARUNAGAPPALLY POLICE STATION,
KOLLAM-690518
2 THE ASSISTANT COMMISSIONER OF POLICE,
KARUNAGAPPALLY, PIN - 690518
3 THE CITY POLICE COMMISSIONER,
KOLLAM-691001
4 THE DIRECTOR GENERAL OF POLICE,
STATE OF KERALA,
THIRUVANANTHAPURAM-695 010
5 SETHU,
S/O VASAVAN,
AGED 53 YEARS,
DEESALAYAM.KALLELI BHAGAM,
KARUNAGAPPALLY-690519
6 RAJU,
S/O BALAKRISHNAN,
AGED 50 YEARS,
PARAMBIL HOUSE.MANAKKARA MURI,
SASTHAMCOTTA,
KUNNATHOOR-690521
WP(C) No.17773 of 2023
:2 :
7 SHEELA,
D/O BASKARAN,
AGED 45 YEARS,
SANTHOSH BHAVANAM,
VALLIKUNNAM MURI,
MAVELIKKARA HOUSE,
ALAPPUZHA-690521
8 ASWATHAN,
S/O GANGADHARAN,
AGED 52 YEARS,
SHREEENILAYAM,
KALLELI BHAGAM,
KARUNAGAPPALLY-690519
9 UNNIKRISHNA PILLAI,
S/O CHELLAPPAN PILLAI,
AGED 53 YEARS,
USHAS,VADAKKUMBHAGAM MURI,
THEKKUMBHAGAM VILLAGE,
KARUNAGAPPALLY-691514
10 SHEEMATTI,
D/OVASUDEVAN,
AGED 47 YEARS,
KALLESSERIL HOUSE,
ADINADU SOUTH,
KATTILKADAVU,
(PO) KARUNAGAPPALLY-690542
11 KUNJUMON,
AGED 53 YEARS,
SHREE VARAHATH HOUSE,
CHAVARA VILLAGE,
KARUNAGAPPALLY-691583
BY SRI.RAJEEV JYOTHISH GEORGE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.17773 of 2023
:3 :
JUDGMENT
-----------------------
Dated this the 27th day of June, 2023
The petitioner is an Ex-serviceman retired from
service on 31.07.2015. The petitioner worked for Major Ravi's
Training Academy, Karunagappally from 2019 to 2022. The
petitioner served as the Chief Instructor/Trainer. The petitioner
states that the management and administration of the firm was
done as per guidance and directions of the franchiser or their
representatives, from time to time. During the year 2021, there
were about 200 trainees. At that time, one of the trainees
introduced one agent named Mr. Gopalakrishna Pillai to some
of his co-trainees and convinced them that he will be able to
ensure their recruitment.
2. Believing Mr.Gopalakrishna Pillai's words and
promises, the parents of about 24 trainees, including the
trainee who introduced Mr.Gopalakrishna Pillai to other
WP(C) No.17773 of 2023
trainees, gave more than ₹80 lakhs to him on some blank
documents. Gopalakrishna Pillai issued fake joining letters to
some of the students in order to dupe more aspirants through
them. The petitioner and the abovesaid Gopalakrishna Pillai
had no connection. The entire transactions between
Gopalakrishna Pillai and the trainees took place without any
knowledge of the petitioner. But, the petitioner took the risk to
negotiate with Gopalakrishna Pillai for the sake of trainees, who
lost their money.
3. One of the parents posted some abusive and
incriminating allegations in social media account against the
petitioner, against which the petitioner approached the police
with criminal complaint and the police stopped the same. After
two years, respondents 5 to 11 approached the 1 st respondent
with a complaint for appropriating the money they lost in the
financial transaction with Gopalakrishna Pillai. Due to their
influence, the 1st respondent called the petitioner to the police
station on 02.05.2023. When the petitioner reached the police
WP(C) No.17773 of 2023
station, the SHO confined the petitioner inside the Police
Station. The SHO abused the petitioner and threatened him of
registering non bailable cases against him if he does not give
₹16,50,000/- or valuable documents to the complainants for the
same amount. The petitioner therefore seeks appropriate
orders to stop harassment by police.
4. Government Pleader submitted that in connection
with the recruitment scam, two crimes have been registered,
namely Crime Nos.784/2023 and 934/2023 of Karunagapally
Police Station. The presence of the petitioner may be required
for further investigation in the matter. As the petitioner is made
an accused in the crimes, the writ petition is liable to be
dismissed.
5. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing the
respondents.
6. The petitioner would contend that he has no
involvement whatsoever in the recruitment scam in which
WP(C) No.17773 of 2023
Mr.Gopalakrishna Pillai is involved. The petitioner is innocent.
He is a retired Ex-Serviceman. Therefore, the respondents are
not justified in harassing the petitioner.
7. Government Pleader would, however, contend that
there is no harassment of the petitioner. As he is an accused
in the crime, his presence will be required for investigating the
matter. The crime involves cheating of a large number of
students.
8. Taking into consideration the facts and
circumstances of the case, I am of the view that the petitioner
shall co-operate with the investigation process of the
respondents. However, it is made clear that if the petitioner's
presence is required in connection with the afore crime, the
respondents shall issue Section 41A notice.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH
JUDGE
sss
WP(C) No.17773 of 2023
APPENDIX OF WP(C) 17773/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE CONSENT LETTER
DATED 02.05.2023 ISSUED BY THE
PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE CONSENT LETTER
DATED 02.05.2023 ISSUED BY THE
PETITIONER TO THE 6TH RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE CONSENT LETTERS
DATED 02.05.2023 ISSUED BY THE
PETITIONER TO THE 7TH RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE CONSENT LETTER
DATED 02.05.2023 ISSUED BY THE
PETITIONER TO THE 8TH RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE CONSENT LETTER
DATED 02.05.2023 ISSUED BY THE
PETITIONER TO THE 9TH RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE CONSENT LETTER
DATED 02.05.2023 ISSUED BY THE
PETITIONER TO THE 10TH RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF THE CONSENT LETTER
DATED 02.05.2023 ISSUED BY THE
PETITIONER TO THE 11TH RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE COMPLAINTS FILED
BY THE PETITIONER TO THE 4TH RESPONDENT
AND OTHER POLICE AUTHORITIES DATED
04.05.2023.
