Kerala High Court
Central Bureau Of Investigation vs Nisha J Mohan on 11 February, 2025
2025:KER:11106
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946
O.P.(CRL.) NO. 844 OF 2024
AGAINST THE ORDER DATED 03.04.2024 IN RC NO.2 OF 2022 OF
SPE/CBI COURT, THIRUVANANTHAPURAM
PETITIONER/COMPLAINANT:
CENTRAL BUREAU OF INVESTIGATION
CENTRAL BUREAU OF INVESTIGATION, ANTI-
CORRUPTION BUREAU, KOCHI, PIN - 682017.
BY ADV SREELAL N.WARRIER, SPL.PUBLIC
PROSECUTOR, CENTRAL BUREAU OF INVESTIGATION
(CBI)
RESPONDENTS/ACCUSED 1 TO 56:
1 NISHA J MOHAN
AGED 38 YEARS
D/O A MOHAN, R/O NANDANAM, TC 18/1843-
12,THIRUMALA GARDEN, M L A ROAD, KUNNAPUZHA,
ARAMADA P.O, THIRUVANANTHAPURAM, PIN - 695032.
2 ANEESH SAILESWARAN KUMARI
AGED 38 YEARS
S/O SHRI SAILESWARAN P, TC 43/642(6), GOWRI
BHARATHAM, KAIRALI GARDEN, VALIYAVEEDU LANE,
MANACAUDE P.O, THIRUVANANTHAPURAM, KERALA,
PIN - 695009.
2025:KER:11106
2
O.P.(Crl.) No.844 of 2024
3 SANTOSH KUMAR VARGHESE
AGED 30 YEARS
S/O VARGHESE.J, R/O PULIMOOTTUVILA PUTHEN
VEEDU, KOVILVILA, PANNIYODE P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695575.
4 M/S.FYCUS IT SOLUTIONS PVT. LTD (A-4)
REPRESENTED BY ITS DIRECTOR
REGISTERED OFFICE AT NO. TC 43/642(6), GOWRI
BHARATHAM, KAIRALI GARDEN, VALIYAVEEDU LANE,
MANACAUDE PO, THIRUVANANTHAPURAM, KERALA,
PIN - 695009.
5 ANOOP A
AGED 31 YEARS
S/O APPU KUTTAN, 11/434 - A N BHAVAN,
VARUVILAKATHU VEEDU, KOTTKALKONAM,
KATTACHALKUZHI P.O, KERALA, PIN - 695501.
6 SUJITH RAM S.S
AGED 44 YEARS
S/O SUDARSANAN. R, INDEEVARAM, NEAR THOTTIKKARA
DEVI TEMPLE, THOTTIKKARA TEMPLE ROAD,
ARUMALOOR, MARANALLOOR, KANDALA PO, TRIVANDRUM,
KERALA, PIN - 695512.
7 NITHIN A.L.
AGED 27 YEARS
S/O ANANDA KUMAR. A, TC-20/149(1), NIKHIL
NIVAS, MELARANOOR, KARAMANA P.O, KARUMOM,
TRIVANDRUM, KERALA, PIN - 695002.
8 SMITHA L.V
AGED 33 YEARS
W/O ANIL KUMAR. S, VIJITHA BHAVAN,
KURISHADIMUKKU, KADUVAKKUZHI, ARYANAD P.O,
ARYANAD, TRIVANDRUM, KERALA, PIN - 695501.
9 GODWIN ANTONY
AGED 27 YEARS
S/O ANTONY, PALLIVILAKATHU VEEDU, R C STREET,
NEAR ST. SEBASTIAN CHURCH, BALARAMAPURAM,
PALLICHAL, TRIVANDRUM, KERALA, PIN - 695501.
2025:KER:11106
3
O.P.(Crl.) No.844 of 2024
10 NIKHIL A.L.
AGED 29 YEARS
S/O ANANDA KUMAR. A,TC-20/149(1), NIKHIL NIVAS,
MELARANOOR, KARAMANA P.O, KARUMOM, TRIVANDRUM,
KERALA, PIN - 695002.
11 JEENA F
AGED 47 YEARS
D/O DEVADAS & W/O ANIL, SS BHAVAN, KOLLAKONAM,
AMACHAL PO, KULATHUMMAL, KATTAKADA, TRIVANDRUM,
KERALA, PIN - 695572.
12 MANOJ KUMAR.S
AGED 30 YEARS
S/O SELVARAJ JAKKAPPAN, MANOJ BHAVANAM,
KALAMALA, ENATHU P.O, PATTANAMTHITTA, KERALA,
PIN - 691526.
13 AL AMEEN
AGED 32 YEARS
S/O AZEEM, AMEEN MANZIL, PEZHUMMOODU, POOVACHAL
PO, PERUMKULAM, THIRUVANANTHAPURAM, KERALA,
PIN - 695575.
14 KRISHNAKUMAR G.K.
AGED 38 YEARS
S/O GEEVAKUMAR, VADAKKEKARA PUTHEN VEEDU,
KAKKAMUKAL, KATTAKADA PO, VEERANAKAVU,
THIRUVANANTHAPURAM, KERALA, PIN - 695572.
15 ASWIF ALI KHAN S.K.
AGED 28 YEARS
S/O MOHAMMED KABEER JAFARKHAN, ASWIFALEES,
PULIPPARA, NEDUMANGAD, THIRUVANANTHAPURAM,
KERALA, PIN - 695541.
16 SANVAR KHAN R M
AGED 27 YEARS
S/O RAJEEV KHAN H, P-23, THANAL, NEAR PRASANTH
NAGAR, PRIYADARSHINI LANE, PONGAMMOODU,
SREEKARYAM, THIRUVANANTHAPURAM, KERALA,
PIN - 695017.
2025:KER:11106
4
O.P.(Crl.) No.844 of 2024
17 YEBASLAL Y
AGED 35 YEARS
S/O YESUDASAN, YUVAN VILLA, NEAR SUNDHAREN,
SMARAGHA LIBRARY, CHULLIYOOR, MARAYAMUTTOM,
TRIVANDRUM, KERALA, PERMANENTLY RESIDING AT LAL
BHAVAN NEAR PRS COLLEGE, KAVINMOOLA VALLICHARA,
DALUMUKHAM P.O, KEEZHAROOR, THIRUVANANTHAPURAM,
PIN - 695125.
18 RESMI B
AGED 38 YEARS
D/O LATE BHASKARAN PILLAI, WARD 4/1013
MULLASSERIL VEEDU, NEAR S & V TRADERS,
KADAIKKODU PO, KAREEPRA, KOLLAM, KERALA,
PIN - 691505.
19 KAVITHA S
AGED 47 YEARS
D/O APPU, I COUP, NADARAJAM, PARAPOTTA, NEAR
MAMAL MULTI SPECIALITY HOSPITAL, CHOONDUPALAKA,
KATTAKADA PO, VEERANAKAVU, TRIVANDRUM, KERALA,
PIN - 695572.
20 SELVARAJ W S
AGED 40 YEARS
S/O WILSRAJ W.S, KAVUMMOOLA, PUTHEN VEEDU,
PERUMTHALACHI NADA, POOVACHAL P.O, VEERANAKAVU,
TRIVANDRUM, KERALA, PIN - 695575.
21 SARANYA B C
AGED 31 YEARS
D/O BALAN C, MYPARAMBIL VEEDU, NEAR URISLAND
ENGLISH MEDIUM SCHOOL, KALLAMAM, PANNIYODE PO,
VEERANAKAVU, TRIVANDRUM, OR SARANYA BHAVAN,
VELLAMANOORKONAM, KATTAKADA PO, KULATHUMMAL,
TRIVANDRUM, KERALA, PIN - 695572.
22 ANGEL SHINY R S
AGED 35 YEARS
D/O RAJU & W/O PRAJITH KRISHNA, BETHEL COTTEGE,
NEAR MCHSS KOTUKALKONAM, VARUVILA,
KATTACHALLUKUZHI PO, MARANALLOOR, TRIVANDRUM,
KERALA, PIN - 695501.
2025:KER:11106
5
O.P.(Crl.) No.844 of 2024
23 CHRISTU RAJ W S
AGED 40 YEARS
S/O WILSRAJ W.S, KAVUMMOOLA, PUTHEN VEEDU,
PERUMTHALACHI NADA, POOVACHAL PO, VEERANAKAVU,
TRIVANDRUM, KERALA, PIN - 695575.
24 CHITHRA GILBERT
AGED 40 YEARS
D/O GILBERT, W/O DILEEP G.S, ZANADU, OPP. CSI
CHURCH URIYACODE, ARASUMOODU, URIYACODE PO,
VELLANADU, TRIVANDRUM OR AVITTAM, ROADARIKATHU,
PUTHEN VEEDU, NEAR CSI CHURCH, MEALARIYODU,
KOOVALASSERY PO, MARANALLOOR, TRIVANDRUM,
KERALA, PIN - 695512.
25 SHIBU M L
AGED 50 YEARS
S/O MUTHU NAYAKAM, ANAND BHAVAN, KEERTHI NAGAR,
VELLAYANI, NEMOM PO, TRIVANDRUM, KERALA,
PIN - 695020.
26 AMAL P
AGED 33 YEARS
S/O POOKUNJU, ERAVICHARA EAST, SOORANAD SOUTH,
KOLLAM, KERALA, PIN - 690522.
27 SHAN S
AGED 30 YEARS
S/O SHAJAHAN AMEENA BEEVI, SAJIMI MANZIL, WARD
NO 12, NEAR ENATHU JUMA MASJID, ENATHU PO,
PATTANAMTHITTA, KERALA, PIN - 691526.
28 MUHASAL S
AGED 30 YEARS
S/O SALIM, KALLUVETTIL VEEDU, NEAR MANNADY
MUSLIM JAMATH, MANNADY PO, KADAMPANADU,
MANNADY, PATTANAMTHITTA, KERALA, PIN - 691530.
29 AJAY J
AGED 26 YEARS
S/O SALIM, KOVILUVILA, THADATHARIKATHU VEEDU,
PANNIYODE PO, VEERANAKAVU, TRIVANDRUM, KERALA,
PIN - 695575.
2025:KER:11106
6
O.P.(Crl.) No.844 of 2024
30 HABEEB MUHAMMAD
AGED 36 YEARS
S/O HANEFA RAWTHER, KUZHUVELIL, WARD NO 14,
AMPALATHAMBAGAM PO, PALLIMURI, CHAKKUVALLY NEAR
SUPREME CASHEW FACTORY, PORUVAZHY, KOLLAM, OR
KUZHUVELIL, KAMPALADA, PORUVAZHY, KOLLAM,
PIN - 690520.
31 ABDUL RAHMAN R
AGED 29 YEARS
S/O RAHIM C N, RAFI MANZIL, ENATHU PO, NEAR
MISBA DENTAL HOSPITAL, PATHANAMTHITTA, ADOOR,
KERALA, PIN - 691526.
32 SHAHANAS KHAN S
AGED 31 YEARS
S/O SHARAFUDEEN S, TC- 35/646, PRAB-14, NEAR
DOMESTIC AIRPORT ROAD, PD NAGAR, VALLAKKADAVU
PO, TRIVANDRUM, KERALA, PIN - 695008.
33 ANIL KUMAR S
AGED 41 YEARS
S/O SUKUMARAN GOPALAN, PENIEL HOUSE, THEKKE
THANNIKUZHI, NARANI, KUNNATHUKAL, TRIVANDRUM,
KERALA, PIN - 695504.
34 JERIN Y DANAM
AGED 41 YEARS
S/O YESUDANAM, JJ BHAVAN, PARANIYAM, POOVAR PO,
NEAR GVHSS PARANIYAM OPP, TRIVANDRUM, KERALA-
695525; PERMANENT ADDRESS AT NEDIYAVILA VEEDU,
POOVAR, PARANIYAM, THIRUPURAM, PUVAR,
TRIVANDRUM, KERALA, PIN - 695525.
35 BHARATH KRISHNA
AGED 27 YEARS
S/O AYYAPPAKUMAR CHOCKALINGAM, TC- 43/642/6
GOWRI BHARATHAM, KAMALESWARAM, MANACAUD PO,
TRIVANDRUM, KERALA, PIN - 695009.
36 SREEKUMAR B
AGED 48 YEARS
2025:KER:11106
7
O.P.(Crl.) No.844 of 2024
S/O BALAKRISHNAN, S A NIVAS, VATTAVILA,
KEELIYODE, PERUMPAZHUTHOOR PO, NEYYATTINKARA,
TRIVANDRUM, KERALA, PIN - 695126.
37 AL AMEEN M
AGED 34 YEARS
S/O MUSTHUFU, VILAYIL PUTHEN VEEDU, NEAR
KANDALA, HSS SCHOOL, ARUMALOOR, KANDALA PO,
MARANALLOOR, KATTAKADA, TRIVANDRUM, KERALA,
PIN - 695512.
38 KIRAN S P
AGED 41 YEARS
S/O SASI, PANTHAPLAVILA VEEDU, NEAR
SHREEKRISHNA TUITION CENTRE MULLOOR PO,
VIZHINJAM PORT, TRIVANDRUM, KERALA,
PIN - 695521.
39 REJI J V
AGED 37 YEARS
S/O JASAYYA. A, NO. 69 B, PRASEETA VIHAR,
JAWAHAR NAGAR, BHAGAVATHI LINE, TRIVANDRUM,
KERALA; PERMENANT ADDRESS AT PALLIVILA VEEDU,
KANCHIKKODU, KUNNATHUKAL, ANAVOOR PO, (NEAR
BIBLE FAITH MISSION CHURCH), TRIVANDRUM,
KERALA, PIN - 695124.
40 DEEPA V
AGED 40 YEARS
D/O KRISHNANKUTTY & W/O SAJEEV A, TC - 88/810
NEAR KONCHIRAVILA TO MILMA ROAD, MANGLAVIL
VAYELIL VEEDU, KALLADIMUGHAM, TRIVANDRUM,
KERALA, PIN - 695009.
41 RAJEESH R
AGED 43 YEARS
S/O RAJAN DAMODHARAN, RAVI COTTAGE,
KEEZHATTINGAL PO, KADAKKAVOOR, TRIVANDRUM,
KERALA, PIN - 695306.
42 NIZAR T
AGED 42 YEARS
2025:KER:11106
8
O.P.(Crl.) No.844 of 2024
S/O THAHA, ANEESA MANZIL, NEAR VANDITHADAM
RATION SHOP, CHARAYAM ROAD, PARANDAKUZHY,
THATTATHUMALA PO, PAZHAYAKUNNUMMEL, TRIVANDRUM,
KERALA, PIN - 695614.
43 JAYAKUMAR D
AGED 47 YEARS
S/O DIVAKARAN. N, 13/167 J K BHAVAN, NEAR
KALLIYOOR PANCHAYAT OFFICE, PILIKKAVILA
KALLIYOOR PO, VENGANOOR, TRIVANDRUM, KERALA,
PIN - 695042.
44 MONISHA ASHOK
AGED 36 YEARS
D/O ASHOK KUMAR. N & W/O RAJEESH.R, RAVI
COTTEGE, NEAR IOB KEEZHATTINGAL BRANCH,
KEEZHATTINGAL PO, KADAKKAVOOR, TRIVANDRUM,
KERALA, PIN - 695306.
45 VIPIN V
AGED 49 YEARS
S/O VIJAYAN KUMARAN, TC- 8/3641(2),
DESHABHIMANI ROAD, CHELLAMANGALAM, POWDIKONAM
PO, ULIYAZHATHURA, TRIVANDRUM, KERALA,
PIN - 695587.
46 ANJU G
AGED 36 YEARS
D/O MOHANAN & W/O SUMESH.S PLAVILA PUTHEN
VEEDU, NEAR HANUMAN TEMPLE, CHEMPANACODE,
KULATHUMMAL P.O, TRIVANDRUM, KERALA,
PIN - 695572.
47 PRIYANKA
AGED 36 YEARS
D/O JAYAPRAKASH, PRAVEENA NIVAS, VANCHIYOOR PO,
PATLA, ALAMCODE, TRIVANDRUM, KERALA,
PIN - 695102.
48 ANI K
AGED 46 YEARS
S/O LATE KESAVAN, TC -54/713 CHARUVILA VEEDU,
2025:KER:11106
9
O.P.(Crl.) No.844 of 2024
SASTRI NAGAR 33, CHARUVILA, NEDUMGAUD, KARAMANA
PO, TRIVANDRUM, KERALA, PIN - 695002.
49 ARUNKUMAR M
AGED 38 YEARS
PARACODE, VAZHAVILA, OOKKODE PO, PALLICHAL,
TRIVANDRUM, KERALA, PIN - 695020.
50 RENJITH A R
AGED 25 YEARS
S/O RAJENDRAN, KIDARAKKUZHI PUTHEN VEEDU,
ANACODE, POOVACHAL PO, VEERANAKAVU, POOVACHAL,
TRIVANDRUM, KERALA, PIN - 695575.
51 STANLY STEPHEN
AGED 30 YEARS
S/O SHRI STEPHAN SAMUEL,MULLIKKATTIL, NEAR CMI
COLLEGE, ENATHU PO, WARD NO 12, PATHANAMTHITTA,
KERALA, PIN - 691526.
52 SAJINLAL THAHA
AGED 32 YEARS
S/O JALAL THAHA, TASS VILLA, KILIMANOOR, NEAR
RRVHSS, KILIMANOOR, TRIVANDRUM, PIN - 695601.
53 SACHIN BAIJU MOHAN
AGED 31 YEARS
S/O BAIJU MOHAN, PADMA VILASAM, OPP MOTHER
INDIA RESIDENTIAL PUBLIC SCHOOL, KEEZHATTINGAL
PO, KADAKKAVOOR, TRIVANDRUM, KERALAM,
PIN - 695306.
54 SANJUSHA V S
AGED 36 YEARS
D/O SUNDARESAN, W/O SHIBU KUMAR. K, PULIMOOTTIL
KADAVIL VEEDU, TC 50/310, KALADY SOUTH,
KARUMOM, TRIVANDRUM, KERALA, PIN - 695002.
55 MAYA MURALI S
AGED 36 YEARS
WARD NO 11, H NO 111, KISHOR NIVAS, NEAR
CATHOLIC CHURCH THACHANCODE, THACHANCODU,
2025:KER:11106
10
O.P.(Crl.) No.844 of 2024
KUTTICHAL PO, TRIVANDRUM, KERALA - 695 574
PERMANENT ADDRESS AT PANANINNA PUTHEN VEEDU,
MUNDUVIRALI, CHANI KANJARIMKULAM PO,
TRIVANDRUM, KERALA, PIN - 695524.
56 SHIYAS KHAN
AGED 33 YEARS
S/O SHRI NAVAS K., TC 79/2446(2) BEACH P.O
KARIKKAKOM, TRIVANDRUM, KERALA, PIN - 695007.
THIS OP (CRIMINAL) HAVING COME UP FOR FINAL
HEARING ON 06.02.2025, THE COURT ON 11.02.2025
DELIVERED THE FOLLOWING:
2025:KER:11106
11
O.P.(Crl.) No.844 of 2024
P.G. AJITHKUMAR, J.
-----------------------------------------------------------
O.P.(Crl.) No.844 of 2024
-----------------------------------------------------------
Dated this the 11th day of February, 2025
JUDGMENT
The petitioner-Central Bureau of Investigation submitted
final report No.II in RC No.02(A)/2022/CBI/ACB/Cochin before
the Special Court at Thiruvananthapuram. The offences
alleged are punishable under Sections 420, 409, 468 and
477A read with Section 120B of the Indian Penal Code, 1860
(IPC) and Section 13(1)(a) read with Section 13(2) of the
Prevention of Corruption Act, 1988 (PC Act).
2. The Special Court as per the order dated
03.04.2024 returned the final report with a direction to file
separate final reports in accordance with law. Aggrieved
thereby, the petitioner has filed these original petitions under
Article 227 of the Constitution of India.
3. Considering the question involved, service of notice
on the respondents is dispensed with.
4. Heard the learned Standing Counsel for the CBI.
2025:KER:11106
5. The impugned order dated 03.04.2024 reads as
follows:
"Perused the final report and connected records produced
thereto.
The offence is seen to have been committed during the span
of more than one year from 4.2.2020 to 7.7.2021. The
offence is seen to be committed in respect of granting
express loan. Since the offence is distinct and several,
separate final report has to be filed. Hence, the final report is
returned. The Investigating Officer is directed to file separate
final report in accordance with law."
6. The gist of the allegation in the final report is that
the 1st accused, being a public servant, while working as
Manager of Kuravankonam Branch of State Bank of India,
hatched a conspiracy with accused Nos.2 and 3 and in
consequence of that conspiracy she granted Xpress Credit
loans to accused Nos.5 to 56, who were ineligible to avail such
loans. In order to facilitate granting of loans, accused Nos.5 to
56 were falsely shown as employees of the 4 th accused
company, to which the 2nd accused was the managing director.
The 3rd accused allegedly had acted as a middleman. By
providing such loans and the failure to repay, the bank
2025:KER:11106
sustained loss of Rs.16.02 crores and the accused got
corresponding illegal pecuniary advantage.
7. Presumably, the learned Special Judge took the
view that distinct offences were involved, which were
committed during a span of more than one year and hence
separate final reports have to be filed. The different instances
of providing loans were during the period from 04.02.2020 to
07.07.2021. This Court in Manoharan v. Director General
of Police [2001 (3) KLT 509] considered a similar question.
The question as to in which situation Sections 220(1) and 223
of the Code of Criminal Procedure, 1973 (Code) applies, was
considered. It was held:
"4. xx xx Ss.220 & 223 are not controlled by S.218
or 219. In respect of offences committed in the course of one
transaction, the limitation in S.219 as to inclusion in one trial
only three offences committed in a year will not apply as held
by the Supreme Court in State of Andhra Pradesh v. Subbaiah
(AIR 1961 SC 1241). Ss.220(1) & 223(d) constitute an
exception to Ss.218 & 219 as held by the Supreme Court. In
K.Kunhahammad v. The State of Madras (AIR 1960 SC 661)
the Supreme Court held that when accused is not prejudiced
trial not vitiated. Since all the offences are alleged to have
committed in the course of same transaction, S.218 & S.219
2025:KER:11106
will not apply in view of S.220(1) & S.223(d) and on this
ground Exts.P2 & P3 cannot be quashed."
8. This Court confronted with a similar situation in
Jahangir Gopal v. CBI (order dated 18.11.2014 in
Crl.M.C.No.223 of 2013). The principle laid down therein is
that if the offences alleged are the outcome of a single
conspiracy, then, all the offences were committed on account
of that conspiracy in the course of the same transaction to
implement the conspiracy and all such offences can be tried
together at a single trial. It was accordingly held that the
charge framed by the court below for the offences over a
period of one year, which were committedon the basis of the
conspiracy hatched cannot be said to be illegal as splitting up
the charge will affect the conspiracy hatched which will affect
the foundation of the prosecution case itself.
9. The Apex Court in Fuleshwar Gope v. Union of
India [AIR 2024 SC 4684] considered as to in what all
situations a joint trial of various offences committed as part of
a series of transactions was possible. Paragraph No.44 of the
2025:KER:11106
decision is extracted below:
"44. Sections 218 to 222 pertain to the joinder of charges
against the same person in the same trial. Section 223 deals
with plurality of persons, i.e., more than one accused in the
same trial. We may notice a few decisions of this Court, to
put the application of these provisions, in context.
44.1. In Balbir v. State of Haryana (2000) 1 SCC 285 :
(AIR 2000 SC 11), a Bench of three learned Judges
observed as under:
"11. ...In both the aforesaid clauses the primary
condition is that persons should have been accused
either of the same offence or of different offences
"committed in the course of the same transaction". The
expression advisedly used is "in the course of the same
transaction". That expression is not akin to saying "in
respect of the same subject-matter". It is pertinent to
point out that the same expression is employed in
Section 220(1) of the Code also [corresponding to
Section 235(1) of the old Code]. The meaning of the
expression "in the course of the same transaction" used
in Section 223 is not materially different from that
expression used in Section 223(1) [sic 235(1)]. It is so
understood by this Court in State of A.P. v.
Cheemalapati Ganeswara Rao [AIR 1963 SC 1850 :
(1964) 3 SCR 297]. The following observation in the
said judgment is contextually quotable:
"The series of acts which constitute a transaction must
of necessity be connected with one another and if some
of them stand out independently, they would not form
2025:KER:11106
part of the same transaction but would constitute a
different transaction or transactions. Therefore, even if
the expression 'same transaction' alone had been used
in Section 235(1) it would have meant a transaction
consisting either of a single act or of a series of
connected acts. The expression 'same transaction'
occurring in clauses (a), (c) and (d) of Section 239 as
well as that occurring in Section 235(1) ought to be
given the same meaning according to the normal rule of
construction of statutes."
12. For several offences to be part of the same
transaction, the test which has to be applied is whether
they are so related to one another in point of purpose or
of cause and effect, or as principal and subsidiary, so as
to result in one continuous action. Thus, where there is a
commonality of purpose or design, where there is a
continuity of action, then all those persons involved can
be accused of the same or different offences "committed
in the course of the same transaction"."
44.2. In R. Dineshkumar v. State (2015) 7 SCC 497 :
(AIR 2015 SC 1816), this Court considered the aspect of
'transaction' in the following terms:
"...19.3. This Court after taking note of the fact that the
clause "same transaction" is not defined under the CrPC
opined that the meaning of the clause should depend
upon the facts of each case. However, this Court
indicated that where there is a proximity of time or place
or unity of purpose and design or continuity of action in
respect of a series of acts, it is possible to infer that they
form part of the same transaction. This Court also
2025:KER:11106
cautioned that every one of the above-mentioned
elements need not co exist for a transaction to be
regarded as the "same transaction".
20. According to us, the principle enunciated in
Ganeswara Rao case [AIR 1963 SC 1850 : 1963 Cri LJ
671 (SC)] is that where several persons are alleged to
have committed several separate offences, which,
however, are not wholly unconnected, then there may
be a joint trial unless such joint trial is likely to cause
either embarrassment or difficulty to the accused in
defending themselves."
44.3. In Nasib Singh v. State of Punjab (2022) 2 SCC
89 : (AIR 2021 SC 5175), DY Chandrachud, J (as his
Lordship then was) speaking for a three-judge Bench
formulated the following principles in respect of joint or
separate trials:
"51.1. Section 218 provides that separate trials shall be
conducted for distinct offences alleged to be committed
by a person. Sections 219-221 provide exceptions to
this general rule. If a person falls under these
exceptions, then a joint trial for the offences which a
person is charged with may be conducted. Similarly,
under Section 223, a joint trial may be held for persons
charged with different offences if any of the clauses in
the provision are separately or on a combination
satisfied.
51.2. While applying the principles enunciated in
Sections 218-223 on conducting joint and separate
trials, the trial court should apply a two-pronged test,
namely, (i) whether conducting a joint/separate trial will
2025:KER:11106
prejudice the defence of the accused; and/or (ii)
whether conducting a joint/separate trial would cause
judicial delay.
51.3. The possibility of conducting a joint trial will have
to be determined at the beginning of the trial and not
after the trial based on the result of the trial. The
appellate court may determine the validity of the
argument that there ought to have been a
separate/joint trial only based on whether the trial had
prejudiced the right of accused or the prosecutrix.
51.4. Since the provisions which engraft an exception
use the phrase "may" with reference to conducting a
joint trial, a separate trial is usually not contrary to law
even if a joint trial could be conducted, unless proven to
cause a miscarriage of justice.
51.5. A conviction or acquittal of the accused cannot be
set aside on the mere ground that there was a
possibility of a joint or a separate trial. To set aside the
order of conviction or acquittal, it must be proved that
the rights of the parties were prejudiced because of the
joint or separate trial, as the case may be."
The case of appellant, as is evident from the record, falls
under the latter category, i.e., multiple persons in the same
trial (appellant is A-17 out of a total of 20 accused persons).
It has been held that joint or separate trial is a decision to be
taken by the learned trial Judge at the beginning of the trial
considering (a) the possibility of prejudice; and b) causing
judicial delay, if any. Further, the language of Section 223 is
directory in nature, signified by the use of word 'may'."
(underlines added)
2025:KER:11106
10. In the instant case, a conspiracy was hatched between
accused Nos.1 to 3. In pursuance of that conspiracy, various
documents were issued in the name of the 4 th accused company,
which were used to provide Xpress Credit loans to accused Nos.5
to 56. When those persons were styled as employees of a
company, incorporation of which itself is doubtful, various
instances of loan transactions involved in this case can be said to
be part of a series of transactions. All such instances of loan
sprouted from the conspiracy hatched among accused Nos.1 to 3.
In such circumstances, the principle of law laid down in the
aforesaid decisions enable the Special Court to try all the accused
at a single trial. Therefore, the order of the learned Special Judge
directing to submit separate final reports cannot be sustained.
Hence, the original petition is allowed. On setting aside
the impugned order, the Special Court is directed to proceed
with the final report No.II in RC No.02(A)/2022/CBI/ACB/
Cochin in accordance with law.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
2025:KER:11106
APPENDIX OF OP(CRL.) 844/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CHARGE SHEET NO.2
FILED BEFORE THE SPECIAL JUDGE,
SPE/CBI, THIRUVANANTHAPURAM
EXHIBIT P2 TRUE COPY OF THE ORDER IN RC
02(A)/2022/CBI/ACB/COCHIN DATED
03.04.2024 OF THE SPECIAL JUDGE,
SPE/CBI, THIRUVANANTHAPURAM
