Kerala High Court
Ratheesh Kumar K.G vs Sub Inspector Of Police on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:67802
CRL.MC NO. 7487 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 7487 OF 2024
CRIME NO.178/2017 OF CHANGANASSERY POLICE STATION, KOTTAYAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.4118 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, CHANGANACHERRY
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PETITIONERS/ACCUSED NO.2 & 3 :
1 RATHEESH KUMAR K.G., AGED 41 YEARS
S/O GOPALAKRISHNAN,
MANATHANAM HOUSE
READYMADE JUNCTION,
KURICHY VILLAGE,
CHANGANSSERRY, KOTTAYAM DISTRICT,
KERALA - 686 532.
2 RENJITH GEORGE, AGED 44 YEARS
S/O JOSEPH GEORGE
MANALIL HOUSE, VILLIYAD KARA,
AYAMANAM VILLAGE,
KERALA, PIN - 686 015
BY ADV PRADEESH CHACKO
RESPONDENT/STATE/COMPLAINANTS :
1 SUB INSPECTOR OF POLICE
CHANGANSSERRY POLICE STATION
CHANGANSSERRY,
KOTTAYAM DISTRICT, PIN - 686 101.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
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CRL.MC NO. 7487 OF 2024
2
ERNAKULAM, PIN - 682 031.
3 SUSHAMMA NARAYANAN NAMPOOTHIRI
EDASSERI MANA, KAKKAMTHODE BHAGOM
CHANGANASERRY P.O VAZHAPPALLY VILLAGE
KOTTTAYAM DISTRICT, PIN - 686 101.
4 NARAYANAN NAMPOOTHIRI
S/O KRISHNAN NAMPOOTHIRI
EDASSERI MANA KAKKAMTHODE BHAGOM
CHANGANASERRY P.O VAZHAPPALLY VILLAGE
KOTTTAYAM DISTRICT, PIN - 686 101.
5 SUBADRADEVI
W/O NARAYANAN NAMPOOTHIRI
EDASSERI MANA KAKKAMTHODE BHAGOM
CHANGANASERRY P.O VAZHAPPALLY VILLAGE
KOTTTAYAM DISTRICT, PIN - 686 101.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7487 OF 2024
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BECHU KURIAN THOMAS, J
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Crl.M.C.No.7487 of 2024
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Dated this the 6th day of September, 2024
ORDER
Petitioners are accused Nos.2 and 3 in C.C.No.4118/2019 on the files of
the Judicial First Class Magistrate Court-I, Changanassery, which arose
out of Crime No.178/2017 of Changanassery Police Station.
2. Prosecution alleges that the first accused, who is the husband of the de
facto complainant, had forged the signatures of the de facto complainant
and other persons and created records, and in collusion with accused
Nos.2 and 3, obtained a loan from a financial institution for
Rs.32,05,000/- after mortgaging property belonging to the de facto
complainant and others and thereby committed the offences punishable
under Sections 468, 471, and 420 r/w Section 34 of the Indian Penal
Code, 1860.
3. I have heard Sri.Pradeesh Chacko, the learned counsel for the petitioners
as well as Sri.Noushad K.A., the learned Public Prosecutor.
4. Petitioners claim to be employees of the financial institution from which
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CRL.MC NO. 7487 OF 2024
the loan was allegedly obtained by the husband of the de facto
complainant. They assert that the loan was granted after a mortgage
was validly created by the first accused along with the de facto
complainant and others. Petitioners allege that the entire prosecution is
mala fide and without any basis that too initiated after the first accused
died. It was also submitted that there are materials available with the
petitioners to indicate that the first accused, as well as the de facto
complainant and others, had signed the documents.
5. During the course of arguments, it was submitted that the trial court has
not yet framed charges. Since the charge has not been framed,
petitioners have the remedy of seeking discharge, especially bearing in
mind the nature of allegations mentioned above.
6. Hence, I am of the view that petitioners must seek the remedy of
discharge, considering the nature of allegations. Therefore, reserving the
liberty of the petitioners to apply for discharge in accordance with law.
This Crl.M.C. is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/06/09/2024
2024:KER:67802
CRL.MC NO. 7487 OF 2024
PETITIONER ANNEXURES
ANNEXURE I THE TRUE COPY OF THE LOAN DISBURSEMENT LETTER
DATED 29.9.2016
ANNEXURE II THE TRUE COPY OF THE SAID FIRST INFORMATION
REPORT DATED 28.1.2017 OF CHANGANASSERY
POLICE STATION
ANNEXURE III THE TRUE COPY OF THE PHOTOGRAPHS
ANNEXURE IV THE TRUE COPY OF THE FINAL REPORT DATED
20.3.2019 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHANGANASSERY
