Kerala High Court
Build India Greater Foundation vs State Of Kerala on 24 February, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(Crl.) No. 187 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(CRL.) NO. 187 OF 2025
PETITIONER:
BUILD INDIA GREATER FOUNDATION
BYPASS JN, OPP. CLOUD 9 HOTEL,
THANKALAM, KOTHAMANGALAM, KERALA 686691
REPRESENTED BY ITS MANAGING DIRECTOR,
ARUNDEV P.R, AGED 35 YEARS, PETTICKAL,
OONNUKAL P.O.,KUTTAMANGALAM,
ERNAKULAM, KERALA, PIN - 686693
BY ADVS.
MANU GOVIND
PRAFUL SURENDRAN
V.JOHN SEBASTIAN RALPH
RESPONDENTS:
1 STATE OF KERALA
THE STATE OF KERALA REPRESENTED BY SECRETARY,
DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE INVESTIGATING OFFICER
FOR FIR NO.177/2025 OF KOTHAMANGALAM POLICE
STATION. [THE DEPUTY SUPERINTENDENT OF POLICE,
ECONOMIC OFFENCES WING,
CRIME BRANCH CENTRAL UNIT - II, THRIPUNITHURA,
ERNAKULAM; AS APPOINTED BY ORDER NO.D2-
26912/2025/PHQ DATED 10.02.2025 OF
THE STATE POLICE CHIEF];
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
W.P.(Crl.) No. 187 of 2025
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3 THE PROFESSIONAL SERVICE INNOVATIONS
CORROZONE, CUSAT P.O., KALAMASSERY,
KERALA - 682022
REPRESENTED BY ITS PROPRIETOR,
SRI. ANANTHU KRISHNAN AGED 28 YEARS,
S/O. CR. RADHAKRISHNAN,
CHOORAKULLANGARA. KUDAYATHUR P.O,
THODUPUZHA IDUKKI, PIN - 685590
4 THE SOCIALBEE VENTURES LLP
55/1134 C, PLOT NO 58, 5TH CROSS RD,
GIRINAGAR, KADAVANTHARA, ERNAKULAM,
ERNAKULAM, KERALA, INDIA, 682020
REPRESENTED BY IT'S CHIEF EXECUTIVE OFFICER,
ANANTHU KRISHNAN, AGED 28 YEARS,
S/O. CR. RADHAKRISHNAN,
CHOORAKULLANGARA. KUDAYATHUR P.O,
THODUPUZHA IDUKKI, PIN - 685590
5 GRASSROOT IMPACT FOUNDATION NO. 4263
ANJIKATHU ROAD, CSEZ, CHITTETHUKARA,
COCHIN SPECIAL ECONOMIC ZONE,
ERNAKULAM, ERNAKULAM, KERALA, INDIA, 682037
REPRESENTED BY IT'S CHIEF EXECUTIVE OFFICER,
ANANTHU KRISHNAN, AGED 28 YEARS,
S/O. CR. RADHAKRISHNAN,
CHOORAKULLANGARA. KUDAYATHUR P.O,
THODUPUZHA IDUKKI, PIN - 685590
6 SRI.ANANTHU KRISHNAN
AGED 28 YEARS, S/O. CR. RADHAKRISHNAN,
CHOORAKULLANGARA. KUDAYATHUR P.O,
THODUPUZHA IDUKKI, PIN - 685590
7 THE HDFC BANK
REPRESENTED BY ITS BRANCH MANAGER
IYYATTILMUKKU BRANCH, CHITTOOR ROAD,
ERNAKULAM, PIN - 682011
8 THE HDFC BANK
REPRESENTED BY ITS BRANCH MANAGER,
THODUPUZHA II BRANCH,
GROUND FLOOR MANOOL ARCADE,
W.P.(Crl.) No. 187 of 2025
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NEAR KSRTC BUS STAND, THODUPUZHA,
IDUKKI, KERALA, PIN - 685584
P. NARAYANAN, SR. PP,
P.SATHISAN, R7 & R8
BIJU P.PAUL
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 24.02.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.) No. 187 of 2025
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JUDGMENT
I have heard Sri.V.John Sebastian Ralph, the learned
counsel for the petitioner, Sri.P.Narayanan, the learned Senior
Public Prosecutor, representing respondent Nos. 1 and 2 and
Sri.P.Sathisan, the learned Standing Counsel for respondent
Nos. 7 and 8. Though notice has not been served to
respondent Nos. 3 to 6, in the nature of the order going to be
passed, their presence is not necessary.
2. The Station House Officer, Kothamangalam
registered Ext.P5 FIR against respondent No.6 pursuant to a
complaint preferred by the petitioner. The brief of the case is
that the accused, while he was performing as the director of
the firm by name "The Professional Service Innovations", with
fraudulent intention to earn-unlawful gain by cheating the
complainant, offered to provide services and products at 50%
of cost. Believing it, the complainant signed an agreement
with the accused, for supplying the two-wheeler and
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household items at a rate of fifty percent margin. He
fraudulently collected an amount of Rs.3,88,22,360/- from
the complainant through the bank account of the accused.
But he did not fulfil the promise or return the money received
and thereby caused unlawful loss to the complainant. Several
crimes were registered against respondent nos. 3 to 6 across
the State. All those crimes were consolidated and a special
investigating team was constituted as per Ext.P6 order
passed by the State Police Chief. Now, respondent No.2 is
investigating the crimes. The petitioner has approached this
Court to direct the investigating officer in Ext.P5 FIR to
initiate appropriate steps under Section 107 of Bharatiya
Nagrik Suraksha Sanhita (for short, 'BNSS') within a time
frame.
3. The investigating officer in Ext.P5 crime filed a
statement. In the statement it is stated that two accounts of
the accused in Ext.P5 crime (A/c No.50200077901685 of
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HDFC Bank, Iyyattumukku, Ernakulam and A/c
No.50200089011121 of HDFC Bank, Thodupuzha), which
were connected with the transactions with the petitioner were
frozen under Section 106 of BNSS in a connected crime
(Crime No.119 of 2025 of Moovattupuzha Police Station). It is
further stated that necessary steps will be taken to seize all
the properties attained with the proceeds of this crime. It is
also stated in the statement that 19 other accounts of the
accused were also frozen in connection with the cases related
to the incident.
4. The learned Senior Public Prosecutor submits that
the investigating officer will be initiating, during the course of
the investigation, the steps under Section 107 of BNSS. The
said submission is recorded. After the initiation of steps under
Section 107 of BNSS and if the property of the accused
including the bank accounts are attached, the victims of the
crimes will be free to file an application under Section 107(6)
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of BNSS before the concerned Court or Magistrate for
rateable distribution in accordance with law.
The writ petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(CRL.) 187/2025
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE TRUST DEED OF THE PETITIONER
EXHIBIT P2 COPY OF THE AGREEMENT DATED 25.06.2023 WITH
THE THIRD RESPONDENT
EXHIBIT P3 COPY OF THE AGREEMENT DATED 23.02.2024 WITH
THE 4TH RESPONDENT
EXHIBIT P4 COPY OF THE AGREEMENT DATED 11.10.2024 WITH
THE 5TH RESPONDENT
EXHIBIT P5 A COPY OF THE FIR DATED 04.02.2025
EXHIBIT P6 A COPY OF ORDER NO.D2-26912/2025/PHQ DATED
10.02.2025
EXHIBIT P7 COPY OF THE APPLICATION DATED 12.02.2025 FROM
THE PETITIONER TO THE 2ND RESPONDENT
EXHIBIT P8 TRUE COPY OF THE STATEMENT OF ACCOUNT ENDORSED
BY THE PETITIONER'S BANK FOR HAVING
TRANSFERRED AMOUNTS
