Kerala High Court
Suveendran vs State Of Kerala on 16 January, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
2025:KER:3275
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
WP(CRL.) NO. 1052 OF 2024
PETITIONER:
SUVEENDRAN
AGED 48 YEARS
S/O LATE T. NATARAJAN,
T.C 29/3691/1, MP APPAN ROAD,
VAZHUTHACUAD, THYCAUD.P.O,
THIRUVANATHAPURAM, PIN - 695014
BY ADV.
PRAVEEN K. JOY
RESPONDENTS:
1 STATE OF KERALA
REP BY HOME SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE COMMISSIONER OF POLICE
THIRUVANANTHAPURAM CITY, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 THE STATION HOUSE OFFICER
FORT POLICE STATION, CHALAI, MANACAUD,
THIRUVANANTHAPURAM, PIN - 695023
4 N. RAVEENDRAN
AGED 50 YEARS
S/O LATE T. NATARAJAN, SREE HOUSE,
NEERAMANKARA, NSS COLLEGE ROAD,
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
2
KAIMANAM, NEMOM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695040
BY ADV.
SRI. M. P. PRASANTH - PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 16.01.2025, ALONG WITH WP(CRL.).929/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
WP(CRL.) NO. 929 OF 2022
PETITIONER:
SUVEENDRAN,
AGED 42 YEARS
S/O. T.NATARAJAN,
TC 29/3691/1, M.P.APPAN ROAD,
VAZHUTHACAUD, THYCAUD.P.O.,
THIRUVANANTHAPURAM - 695 014.
BY ADV.
SUMAN CHAKRAVARTHY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM - 682 031.
2 THE DIRECTOR GENERAL OF POLICE AND
STATE POLICE CHIEF,
POLICE HEADQUARTER, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
3 THE ADDITIONAL DIRECTOR GENERAL OF
POLICE (CRIMES) ,
CRIME BRANCH HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
4
4 THE STATION HOUSE OFFICER,
FORT POLICE STATION, FORT,
THIRUVANANTHAPURAM - 695 023.
5 THE STATION HOUSE OFFICER,
KARAMANA POLICE STATION,
THIRUVANANTHAPURAM - 695 002.
*6 ADDL.R6 RAVEENDRAN
AGED 46 YEARS
S/O NADARAJAN, T.C. 50/1508,
GOKULATHIL, THALIYAL, KARAMANA. P.O,
MANACAUD VILLAGE, KALADI MURI,
THIRUVANANTHAPURAM-695002
[ADDL.R6 IS IMPLEADED AS PER ORDER DATED
06/03/2023 IN IA 1/2023 IN WP(CRL) 929 OF 2022]
*7 ADDL. R7 THE ASSISTANT COMMISSIONER OF POLICE
FORT SUB DIVISION, THIRUVANANTHAPURAM CITY.
[ADDL R7 IS SUO MOTU IMPLEADED AS PER THE ORDER
DATED 16.01.2025 IN WP(CRL) 929 OF 2022]
BY ADVS.
SMT. SREEJA V. - SENIOR PUBLIC PROSECUTOR
M.R.ANANDAKUTTAN
M.HEMALATHA
MAHESH ANANDAKUTTAN
M.J.SAJITHA
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 16.01.2025, ALONG WITH WP(CRL.) 1052/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
5
JUDGMENT
[WP(Crl.) Nos.1052/2024 & 929/2022]
The subject matter of the above Writ Petitions is
connected. The petitioner in both Writ Petitions is one and
the same.
2. The father of the petitioner died on 15.11.2011 at
the house of the brother of the petitioner namely Sri.
Raveendran. The father of the petitioner was living with Sri.
Raveendran. After the death of the father of the petitioner,
two crimes were registered, Crime No.846/2022 of Fort
Police Station and Crime No.658/2022 of Karamana Police
Station. Both crimes were registered against the brother of
the petitioner mentioned above namely Sri. Raveendran and
others.
3. Crime No.658/2022 of Karamana Police Station
was registered alleging offences under Sections 302, 420,
465, 467, 468, 471 and 34 of the Indian Penal Code (IPC). It
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
is submitted that later on Section 302 of IPC was deleted.
The said crime was registered based on the complaint
preferred by the petitioner. The allegation in the said crime
is that Sri. Raveendran intentionally failed to give proper
treatment to his father when he fell ill, forged a 'Will' taking
advantage of his ill health, withdrew huge amount from his
account after his death using the forged 'Will' and forged
certain documents and produced the same before the GST
Authority in connection with the business run by his father
under the name and style MRT Metal Mart. It is submitted
that the investigation in the said crime is going on.
4. Crime No.846/2022 of Fort Police Station was also
registered on the complaint preferred by the petitioner
under Sections 418, 420, 465, 468, 471 and 34 of the IPC.
The allegation in the said crime is that the brother of the
petitioner forged the signature of his father, produced the
same before the Mercantile Bank Tamilnadu and withdrew
the amount in his current account. It is submitted that the
investigation in the said crime is also going on.
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
5. W.P.(Crl.) No.929/2022 has been filed to transfer
the investigation in both the above two crimes to the Crime
Branch Department headed by the 3rd respondent therein. It
is alleged that the investigation being carried out at present
by the Investigating Officer is not in the right direction.
6. The petitioner has also preferred a petition before
the Commissioner of Police, Thiruvananthapuram against his
brother mainly alleging that he forged the signature of his
father in the refund application and cancellation application
and filed the same before the GST Authorities after the
death of his father. The said representation has been
produced as Ext.P3 in W.P.(Crl.) No.1052/2024. The prayer
in W.P.(Crl.) No.1052/2024 is to register an F.I.R based on
Ext.P3 and to conduct investigation.
7. I have heard the learned counsel for the petitioner
and Smt. Sreeja V. and Sri. M. P. Prasanth, the learned Public
Prosecutors.
8. The learned Public Prosecutors, on instructions,
submits that the investigation in Crime Nos.846/2022 of Fort
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
Police Station and 658/2022 of Karamana Police Station were
already handed over to the Assistant Commissioner of
Police, Fort Sub Division, Thiruvananthapuram City. The
learned Public Prosecutor further submits that the
investigation is steadily going on and the Final Report will be
filed after completion of the investigation. The Assistant
Commissioner of Police, Fort Sub Division,
Thiruvananthapuram City has been suo motu impleaded as
additional 7th respondent in W.P.(Crl.) No.929/2022.
9. Since the investigation of the two crimes have
been handed over to the 7th respondent in W.P.(Crl.) No.
929/2022 and taking into account the apprehension
expressed by the petitioner, I am of the view that no further
relief is necessary in W.P.(Crl.) No.929/2022. So far as the
prayer in W.P.(Crl.) No.1052/2024 is concerned, the learned
Public Prosecutor brought to my attention the allegations in
the FIR in Crime No.658/2022. The allegation in the said
crime includes the forgery of the document produced by the
brother of the petitioner before the GST Authorities.
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
According to the learned counsel, Ext.P3 complaint in
W.P.(Crl.) No.1052/2024 has already been taken care of in
the FIR in Crime No.658/2022.
10. Having heard both sides, these Writ Petitions
(Criminal) are disposed of as follows:
i. The 7th respondent in W.P.(Crl.) No.929/2022 is
directed to conduct proper investigation in Crime
Nos.846/2022 of Fort Police Station and 658/2022
of Karamana Police Station and to file the Final
Reports, in accordance with law.
ii. The 7th respondent in W.P.(Crl.) No.929/2022 shall
investigate the allegations in Ext.P3 complaint in
W.P.(Crl.) No.1052/2024 as well, as part of the
investigation in Crime No.658/2022 of Karamana
Police Station .
iii. If the 7th respondent feels that Ext.P3 complaint
in W.P.(Crl.) No.1052/2024 requires the
registration of a fresh crime, he is directed to do
the same, in accordance with law.
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
iv. The 7th respondent in W.P.(Crl.) No.929/2022 shall
take into account all the grievances highlighted by
the writ petitioner in these Writ Petitions while
conducting investigation.
v. The petitioner shall produce a copy of this
judgment as well as the copy of the Writ Petitions
before the 7th respondent in W.P.(Crl.) No.
929/2022 for compliance.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
APPENDIX OF WP(CRL.) 1052/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE OF
THE FATHER OF THE PETITIONER DATED
03.09.2023 ISSUED BY REGISTRAR OF BIRTHS
AND DEATHS TRIVANDRUM CORPORATION
Exhibit P2 TRUE COPY OF THE PETITION SUBMITTED
BEFORE THE 3RD RESPONDENT DATED
03.09.2024
Exhibit P3 TRUE COPY OF THE PETITION SUBMITTED
BEFORE THE 2ND RESPONDENT DATED
18.09.2024
Exhibit P4 TRUE PHOTOCOPY OF THE EMAIL
ACKNOWLEDGMENT FOR PETITION
NO.65913/2024/TC DATED 05.10.2024
RESPONDENTS' EXHIBITS: NIL
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
APPENDIX OF WP(CRL.) 929/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE HOSPITAL DISCHARGE
SUMMARY ISSUED BY PRS HOSPITAL,
THIRUVANANTHAPURAM FOR THE PERIOD
14.10.2021 TO 21.10.2021 .
Exhibit P2 A TRUE COPY OF THE HOSPITAL DISCHARGE
SUMMARY ISSUED FROM PRS HOSPITAL FOR THE
PERIOD 26.10.2021 TO 30.10.2021.
Exhibit P3 A TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED FROM PRS HOSPITAL FOR THE PERIOD
09.11.2021 TO 15.11.2021.
Exhibit P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY
DR. SINCHU.C.MANIANGATT DATED
30.10.2021.
Exhibit P5 A TRUE COPY OF THE FORGED WILL DATED
04.11.2021.
Exhibit P6 A TRUE COPY OF THE LETTER ISSUED BY THE
JOINT COMMISSIONER OF STATE GOODS AND
SERVICE TAX DEPARTMENT,
THIRUVANANTHAPURAM DATED 04.01.2022.
Exhibit P7 A TRUE COPY OF THE APPLICATION SUBMITTED
BEFORE THE TAMILNADU MERCANTILE BANK
COMMITTING FORGERY OF SIGNATURE OF
NATARAJAN.
Exhibit P8 A TRUE COPY OF THE COMPLAINT DATED
20.04.2022 SUBMITTED BY THE PETITIONER
BEFORE THE COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM.
Exhibit P9 A TRUE COPY OF THE FIR IN CRIME
NO.846/2022 OF THE FORT POLICE STATION.
2025:KER:3275
W.P.(CRL) NO.1052 OF 2024 &
W.P.(CRL) NO.929 OF 2022
Exhibit P10 A TRUE COPY OF THE COMPLAINT DATED
21.02.2022 SUBMITTED BY THE PETITIONER
BEFORE THE COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM CITY.
Exhibit P11 A TRUE COPY OF THE FIR IN CRIME NO.
658/2022 OF THE KARAMANA POLICE STATION.
Exhibit P12 A TRUE COPY OF THE COMPLAINT DATED
12.08.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
