Kerala High Court
P. C. Thomas vs The District Police Chief on 5 June, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(CRL.) NO. 260 OF 2024
CRIME NO.94/2024 OF VENMANI POLICE STATION, ALAPPUZHA
PETITIONER:
P. C. THOMAS
AGED 68 YEARS
S/O, P.T CHACKO,
PADINJATTETHIL RAJU GARDENS,
PUNTHALA P.O., VENMONY, CHENGANNUR TALUK,
ALAPPUZHA DISTRICT, PIN - 689503
BY ADVS.
MANU RAMACHANDRAN
R.RAJESH (VARKALA)
M.KIRANLAL
T.S.SARATH
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
SHIFANA M.
A.C.EAPEN
AASHI K. SHAJAN
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF,
PATHANAMTHITTA,
PATHANAMTHITTA DISTRICT, PIN - 689645
2 THE DISTRICT POLICE CHIEF
ALAPPUZHA,
ALAPPUZHA DISTRICT, PIN - 688012
3 THE STATION HOUSE OFFICER
VENMONY POLICE STATION,
ALAPPUZHA DISTRICT, PIN - 689509
W.P.(Crl.).No.260 of 2024
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4 THE STATION HOUSE OFFICER
NOORANADU POLICE STATION,
ALAPPUZHA DISTRICT, PIN - 690504
5 THE STATION HOUSE OFFICER
PANDALAM POLICE STATION,
PATHANAMTHITTA DISTRICT, PIN - 689501
6 THE STATION HOUSE OFFICER
ADOOR POLICE STATION,
PATHANAMTHITTA DISTRICT, PIN - 691523
7 THE STATION HOUSE OFFICER
KOIPPURAM POLICE STATION,
PATHANAMTHITTA DISTRICT, PIN - 689548
BY ADV. SREEJA V.
PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).No.260 of 2024
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BECHU KURIAN THOMAS, J.
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W.P.(Crl.).No.260 of 2024
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Dated this the 5th day of June, 2024
JUDGMENT
Petitioner seeks for the following reliefs:
"1) To issue a writ of mandamus or any other writ or order or
direction directing the respondent no. I to consider and take
action in Exhibit PS representation as per law within a time
limit fixed by this Hon'ble Court, in the interest of justice;
2) To issue a writ of mandamus or any other writ or order or
direction directing the respondent No.2 to consider and take
action in Exhibit P6 representation as per law within a time limit
fixed by this Hon'ble Court, in the interest of justice;
3) To issue a writ of mandamus or any other writ or order or
direction directing the respondent no.3 to 7 to issue notice to
the petitioner under S.41A of Cr.PC in FIRs or Complaints in
connection with M/s G&G Financiers before proceeding against
him, in the interest of justice."
2. Petitioner apprehends arrest in various crimes, based on
similar allegations. He attempts to obtain a blanket order to avoid his
arrest. He contends that he has no involvement in any of the crimes
alleged against him.
3. According to the petitioner, he was only an employee of a
business establishment by the name "M/s. G & G Financiers", against
which several complaints have been registered. Immediately on
registration of the initial crime, petitioner had approached the Sessions
Court with an application for anticipatory bail. After noticing the nature of
crime alleged against him, the learned Session's Judge observed that the
petitioner is a Branch Manager and a paid employee of the company and
the liabilities were those to be cleared by the company or members of the
Director Board, and there was nothing to show that the petitioner had
swindled the money either from the company or the depositors. On the
basis of the above observations, the learned Session's Judge directed the
petitioner to co-operate with the investigation and appear before the
investigating Officer within a specific time stipulated therein.
Apprehending that the petitioner is being arrayed in numerous other
similar crimes, he has approached this Court seeking the relief mentioned
above.
4. The learned Public Prosecutor, upon instructions submitted that
already 95 cases are registered and the same is under investigation.
Accused 1 and 2 have already been arrested, and efforts are being taken
to identify the other accused.
5. I have heard Sri. Manu Ramachandran, the learned counsel for
the petitioner and Smt. Sreeja.V, the learned Public Prosecutor.
6. Since it is submitted by the learned Public Prosecutor that
already 95 cases have been registered, in which petitioner is also arrayed
as accused in most of the cases, the remedy of the petitioner, if any, is to
approach the Jurisdictional Court, in accordance with law, if at all he
apprehends any arrest. The reliefs now prayed for before this Court
cannot be considered, since the petitioner has an effective remedy before
the appropriate Court, especially, since he has obtained anticipatory bail in
the three applications filed by him.
7. Since it is submitted that the petitioner had not appeared before
the Investigating Officer pursuant to directions in the order of anticipatory
bail, due to the repeated registration of other crimes, certainly, it is open
to the petitioner to approach the respective Session's Court, seeking
enlargement of time to appear. If in case any such applications are filed,
the same shall be considered, and appropriate orders be passed without
undue delay.
In view of the above, reserving the liberty of the petitioner to
approach the Jurisdictional Court, in accordance with law, for appropriate
reliefs, this writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/05.06.24.
APPENDIX OF WP(CRL.) 260/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CASH DEPOSIT RECEIPT
DATED 18.02.2023 IN NAME OF PETITIONER'S
WIFE AT VENMONY BRANCH OF M/S G&G
FINANCIERS
Exhibit P1(a) THE TRUE COPY OF THE CASH DEPOSIT RECEIPT
DATED 26.02.2023 IN NAME OF PETITIONER'S
WIFE AT VENMONY BRANCH OF M/S G&G
FINANCIERS
Exhibit P1(b) THE TRUE COPY OF THE CASH DEPOSIT RECEIPT
DATED 29.04.2023 IN NAME OF PETITIONER'S
WIFE AT VENMONY BRANCH OF M/S G&G
FINANCIERS
Exhibit P1(c) THE TRUE COPY OF THE CASH DEPOSIT RECEIPT
DATED 18.05.2023 IN NAME OF PETITIONER'S
WIFE AT VENMONY BRANCH OF M/S G&G
FINANCIERS
Exhibit P1(d) THE TRUE COPY OF THE CASH DEPOSIT RECEIPT
DATED 01.09.2023 IN NAME OF PETITIONER'S
WIFE AT VENMONY BRANCH OF M/S G&G
FINANCIERS
Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED
06.02.2024 SUBMITTED BY THE PETITIONER
BEFORE THE DISTRICT POLICE CHIEF,
ALAPPUZHA
Exhibit P3 THE TRUE COPY OF THE FIR IN CRIME NO.
94/2024 OF VENMONY POLICE STATION
Exhibit P4 THE TRUE COPY OF THE ORDER IN CRL.M.P. NO.
709/2024 DATED 19.02.2024 OF THE
ADDITIONAL SESSIONS JUDGE-III, ALAPPUZHA
Exhibit P5 THE TRUE COPY OF THE REPRESENTATIONS DATED
22.02.2024 SUBMITTED BY PETITIONER BEFORE
DISTRICT POLICE CHIEF, PATHANAMTHITTA
Exhibit P6 THE TRUE COPY OF THE REPRESENTATIONS DATED
22.02.2024 SUBMITTED BY PETITIONER BEFORE
DISTRICT POLICE CHIEF, ALAPPUZHA
Exhibit P7 THE TRUE COPY OF THE RTI REPLY VIDE NO.D2-
10345/2024/N DATED 22.03.2024 GIVEN BY THE
SPIO OF 1ST RESPONDENT'S OFFICE TO THE
PETITIONER
Exhibit P8 THE TRUE COPY OF THE RTI REPLY VIDE
NO.G1(C)-15833/2024/A DATED 18.03.2024
GIVEN BY THE SPIO OF 2ND RESPONDENT'S
OFFICE TO THE PETITIONER
Exhibit P9 THE TRUE COPY OF THE ORDER DATED
20.03.2024 IN CRL.MP NO.1111/2024 IN
CRL.MP NO.709/2024 OF ADDL. SESSIONS
COURT-III, ALAPPUZHA
Exhibit P10 THE TRUE COPY OF THE ORDER DATED
20.03.2024 IN CRL.MP NO.1136/2024 IN
CRL.MP NO.920/2024 OF ADDL. SESSIONS
COURT-III, ALAPPUZHA
Exhibit P11 THE TRUE COPY OF THE ORDER DATED
20.03.2024 IN CRL.MP NO.1135/2024 IN
CRL.MP NO.926/2024 OF ADDL. SESSIONS
COURT-III, ALAPPUZHA
