Kerala High Court
Radhakrishnan Nair B vs State Of Kerala on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(CRL.) NO. 920 OF 2022
PETITIONERS :
1 RADHAKRISHNAN NAIR B.,
AGED 64 YEARS,
S/O BHASKARAN NAIR, AMPADIYIL,
KULAKKADA .P.O, KALAYAPURAM VILLAGE,
KOTTARAKKARA THALUK, KOLLAM DISTRICT,
PIN - 691 521,
2 THILAKAN N.,
AGED 53 YEARS, S/O NARAYANAN THANAL,
PUTHUSSERI BHAGAM MURI, ERATHU VILLAGE,
ADOOR THALUK, PATHANANAMTHITTA DISTRICT,
PIN - 691 554
3 LETHAKUMARI,
AGED 52 YEARS, W/O VIJAYAN PILLAI,
SREE NANDANAM, KULAKKADA P.O.,
KALAYAPURAM VILLAGE, KOTTARAKKARA THALUK,
KOLLAM DISTRICT, PIN - 691 521
4 MURUKA DAS N.B.,
AGED 56 YEARS,
S/O. BHASKARAN PILLAI, DAS BHAVANAM,
KULAKKADA P.O, KALAYAPURAM VILLAGE,
KOTTARAKKARA THALUK, KOLLAM DISTRICT,
PIN - 691 521
5 BABU G.,
AGED 65 YEARS, S/O P.C .GEORGE,
THENGUM VILA KIZHEKKATHIL VEEDU,
THAZHATHU VADAKKU MURI,
THAZHATHU VADAKKU P.O,
KOLLAM DISTRICT, PIN - 691 526
6 SUKUMARA PILLAI,
AGED 53 YEARS, S/O RAMAKRISHNAPILLAI,
RAMA NILAYAM, POOVATTOOR KIZHAKKU MURI,
KULAKKADA P.O., KALAYAPURAM VILLAGE,
KOTTARAKKARA THALUK, KOLLAM DISTRICT,
PIN - 691 521
WP(CRL.) NO. 920 OF 2022
2
7 SIJO,
AGED 35 YEARS,
S/O THRESIAMMA, MALAYUDE KIZHAKKETHIL VEEDU,
IRANIKKUDI P.O, ALAPPUZHA DISTRICT,
PIN - 690 529
8 PODIYAMMA THANKACHAN,
AGED 80 YEARS,
W/O. THANKACHAN, SEENAL BHAVAN,
ELANGAMANGALAM MURI, ENATH P.O,
PATHANAMTHITTA DISTRICT,
PIN - 691 526.
9 ANILKUMAR M.,
AGED 60 YEARS, S/O MUKUNDAN PILLAI,
ANJALI. PAZHAKULAM P.O.,
PALLIKKAL VILLAGE,
PATHANAMTHITTA DISTRICT,
PIN - 691 523.
BY ADV P.V.DILEEP
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
(COMPETENT AUTHORITY UNDER SECTION 7
OF THE BANNING OF UNREGULATED DEPOSIT
SCHEMES ACT, 2019) HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001.
2 THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR,
COLLECTORATE, KOLLAM DISTRICT,
PIN - 691 001.
3 THE DISTRICT POLICE CHIEF,
PATHANAMTHITTA, PATHANAMTHITTA P.O.,
PATHANAMTHITTA DISTRICT,
PIN - 689 645
4 THE STATION HOUSE OFFICER,
ENATHU POLICE STATION, ENATHU P.O,
KOLLAM DISTRICT, PIN - 691 526.
WP(CRL.) NO. 920 OF 2022
3
5 VENUGOPAL,
AGED 59 YEARS, S/O SREEDHARAN PILLAI,
PROPRIETOR, M/S. KECHERY ENTERPRISES,
KECHERY TOWER, OPPOSITE KSRTC,
PUNALUR, PIN - 691 305,
RESIDENT OF HARI BHAVAN, KAMUKUMCHERRI,
KARYARA P.O., PUNALUR, KOLLAM DISTRICT,
PIN - 691 332.
6 BINDHU VENUGOPAL,
AGED 54 YEARS, W/O. VENUGOPAL,
RESIDING AT HARL BHAVAN, KAMUKUMCHERRI,
KARYARA P.O, PUNALUR, KOLLAM DISTRICT,
PIN - 691 332.
7 SANALKUMAR,
MANAGER, KECHERY ENTERPRISES,
ENATHU BRANCH, ENATHU P.O,
PATHANAMTHITTA DISTRICT,
PIN - 691 526
BY SRI.K.R.RANJITH, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 27.06.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 920 OF 2022
4
BECHU KURIAN THOMAS, J.
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W.P (Crl.) No.920 of 2022
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Dated this the 27th day of June, 2023
JUDGMENT
This writ petition is filed seeking a direction to take necessary action
on the complaints filed by the petitioners as Ext.P1 to Ext.P1(h) and also
to provisionally attach the assets of respondents 5 and 6 under the
Banning of Unregulated Deposits Schemes Act, 2019. A further relief is
sought to handover investigation of Crime No.628 of 2022 of Enathu
Police Station, Pathanamthitta to a superior police officer not below the
rank of Deputy Superintendent of Police.
2. Sri.K.R.Ranjith, the learned Public Prosecutor submitted that,
appropriate action has already been initiated on the complaints produced
as Ext.P1 to Ext.P1(h) and a crime has also been registered which is
under investigation by the Deputy Superintendent of Police (Economic
Offences) having charge over two districts of Kollam and Pathanamthitta.
It was also submitted that all known properties of respondents 5 and 6
have already been attached and appropriate procedure, as contemplated
under law, has also been initiated.
3. In view of the above submission of the learned Public
Prosecutor, I am of the opinion that the reliefs claimed for in this writ
WP(CRL.) NO. 920 OF 2022
petition has become infructuous. Accordingly, this writ petition is
dismissed as infructuous.
However, it is clarified that, in case the petitioner is aggrieved by
the failure of the Competent Authority to initiate appropriate steps in
accordance with law, liberty is granted to the petitioner to approach the
appropriate forum notwithstanding the above dismissal.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(CRL.) NO. 920 OF 2022
APPENDIX OF WP(CRL.) 920/2022
PETITIONERS' EXHIBITS :
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED
12.09.2022 SUBMITTED BY 1ST PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P1(a) TRUE COPY OF THE COMPLAINT DATED
14.09.2002 SUBMITTED BY 2ND PETITIONER
BEFORE THE 15 RESPONDENT.
Exhibit P1(b) TRUE COPY OF THE COMPLAINT DATED
19.09.2022 SUBMITTED BY 3RD PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P1(c) TRUE COPY OF THE COMPLAINT DATED
11.09.2002 SUBMITTED BY 4TH PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P1(d) TRUE COPY OF THE COMPLAINT DATED
19.09.2002 SUBMITTED BY 5TH PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P1 (e) TRUE COPY OF THE COMPLAINT DATED
19.09.2022 SUBMITTED BY 6TH PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P1(f) TRUE COPY OF THE COMPLAINT DATED
13.09.2022 SUBMITTED BY 7 PETITIONER
BEFORE THE 1 ST RESPONDENT.
Exhibit P1(g) TRUE COPY OF THE COMPLAINT DATED
15.09.2022 SUBMITTED BY 8TH PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P1(h) TRUE COPY OF THE COMPLAINT DATED
20.09.2022 SUBMITTED BY 9TH PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED
12.09.2022 SUBMITTED BY 1ST PETITIONER
BEFORE THE 3RD RESPONDENT.
WP(CRL.) NO. 920 OF 2022
Exhibit P2(a) TRUE COPY OF THE COMPLAINT DATED
12.09.2022 SUBMITTED BY 2ND PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P2(b) TRUE COPY OF THE COMPLAINT DATED
14.09.2022 SUBMITTED BY 3RD PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P2(c) TRUE COPY OF THE COMPLAINT DATED
18.09.2022 SUBMITTED BY PETITIONER BEFORE
THE 3RD RESPONDENT
Exhibit P2(d) TRUE COPY OF THE COMPLAINT DATED
18.09.2022 SUBMITTED BY 5TH PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P2(e) TRUE COPY OF THE COMPLAINT DATED
19.09.2022 SUBMITTED BY 6TH PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P2(f) TRUE COPY OF THE COMPLAINT DATED
13.09.2022 SUBMITTED BY 7TH PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P2(g) TRUE COPY OF THE COMPLAINT DATED
15.09.2022 SUBMITTED BY 8TH PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P2(h) TRUE COPY OF THE COMPLAINT DATED
20.09.2022 SUBMITTED BY 9TH PETITIONER
BEFORE THE 3RD RESPONDENT.
