Kerala High Court
Libin M Ali vs State Of Kerala on 2 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.788 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
WP(CRL.) NO. 788 OF 2025
CRIME NO.1141/2024 OF Palarivattom Police Station,
Ernakulam
PETITIONER(S):
LIBIN M ALI
AGED 39 YEARS
ANTHRAVALLY HOUSE, EDATHALA NORTH P.O,
PUKKATTUMUKAL, ALUVA EAST, ERNAKULAM, KERALA,
PIN - 683561
BY ADV. SHRI.ADIL.M.H
RESPONDENT(S):
1 STATE OF KERALA
DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATION HOUSE OFFICER, PALARIVATTOM POLICE
STATION, ERNAKULAM
PALARIVATTOM POLICE STATION, CIVIL LINE RD,
OPPOSITE PALARIVOTTAM BUSSTOP, PALARIVATTOM
JUNCTION, SONIA NAGAR, PALARIVATTOM, ERNAKULAM,
KERALA, PIN - 682025
3 COMMISSIONER OF POLICE , ERNAKULAM CITY
COMMISSIONER OFFICE, ERNAKULAM CITY, PARK VIEW,
MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011
4 DIRECTOR GENERAL OF POLICE, KERALA
W.P.(Crl.).No.788 of 2025
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DIRECTOR GENERAL OF POLICE, KERALA POLICE
HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 695010
BY ADVS.
DIRECTOR GENERAL OF PROSECUTION
SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND
ADDL. P.P.
SHRI.SAJJU.S., SENIOR G.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 02.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(Crl.).No.788 of 2025
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P.V.KUNHIKRISHNAN, J
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W.P.(Crl.) No.788 of 2025
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Dated this the 02nd day of July, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the
following reliefs:
"1. Direct a Comprehensive Investigation:
Issue a writ of mandamus directing the Kerala Police,
preferably through the Crime Branch or a Special
Investigation Team, to conduct a thorough and time-
bound investigation as per Exhibit-P11 and Exhibit-
P12 into the roles of Sajeena, Pradeep Kumar, Arun
P.T., Aswathy, Anju, Chinju, Milton, and other
staff/runners of Genius Overseas and Consulting in
the fraudulent scheme, consolidating evidence from
FIR Nos. 1141/2024, 1075/2024, 1084/2024,
1122/2024 (Palarivattom), 1175/2024
(Puthenkurish), 1828/2024 (Thodupuzha),
1042/2024 (Koothattukulam), and 1138/2024
(Mulanthuruthy), to ensure accountability for all
perpetrators.
2. Mandate Registration of FIR Against All
Accused: Direct the Palarivattom Police Station or an
appropriate authority to register an FIR against
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Pradeep Kumar, Arun P.T., Anju, Chinju, Milton, and
other involved staff under Sections 316(2) (criminal
breach of trust), 318(4) (cheating), 3(5) (common
intention), 111 (organized crime), and 351(2)
(criminal intimidation) and Section 61 (1), of the
Bharatiya Nyaya Sanhita, 2023, along with other
applicable provisions for scam, conspiracy, death
threats, and financial fraud, based on the evidence
provided (Exhibits-P1 to P12).
3. Freeze Bank Accounts of Accused: Issue
directions to freeze the bank accounts of Sajeena
(ICICI Bank, Palarivattom Branch, A/c No.
102901510731), Aswathy, Pradeep Kumar, Anju,
Chinju, Milton, and other staff involved in the fraud,
pending investigation and civil recovery proceedings,
to prevent dissipation of ill-gotten gains and
safeguard the victims' financial interests.
4. Facilitate Recovery Through Civil
Proceedings and Consumer Court: Direct the
appropriate authorities to assist the petitioner and
other victims in initiating civil proceedings under the
Code of Civil Procedure, 1908, for recovery of
defrauded amounts (over ₹5 crore) based on breach
of contract (Exhibits-P1, P5) and fraudulent
inducement of payments (Exhibits-P2, P3, P4, P6,
P7). Further, direct the victims to approach the
appropriate Consumer Disputes Redressal
Commission under the Consumer Protection Act,
2019, to seek compensation for deficiency in service,
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unfair trade practices, and violation of consumer
rights, ensuring expedited adjudication.
5. Impose Travel Restrictions on Accused:
Direct the Bureau of Immigration, passport
authorities, and other relevant agencies to impose
travel restrictions on Sajeena, Pradeep Kumar, Arun
P.T., Aswathy, Anju, Chinju, Milton, and other
accused to prevent absconding, given Pradeep
Kumar's history of evading justice (Exhibit-P9) and
the risk of flight to avoid prosecution and financial
liability."[SIC]
2. According to the petitioner, he was
defrauded by Genius Overseas and Consulting agency. It
is the case of the petitioner that, huge amount is collected
from the petitioner and 17 others offering job abroad.
Thereafter, the above establishment and its office bearers
cheated the petitioner and other victims. The petitioner is
aggrieved by the investigation conducted by the present
Investigating Officer.
3. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor.
4. Counsel for the petitioner reiterated the
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contentions raised in this Writ Petition. The Public
Prosecutor submitted that the investigation is going in a
smooth manner, and the 1 st accused has already been
arrested, and the bank accounts were also freezed. There
is nothing to interfere with the present investigation.
Counsel for the petitioner submitted that there are six
others to be arrested, and they are trying to abscond from
India.
5. Admittedly, the investigation is now
conducted by the Station House Officer, Palarivattom
Police Station. Considering the facts and circumstances of
the case, I think a senior officer above the rank of Station
House Officer should investigate the matter considering
the gravity of the case. Therefore, there can be a
direction to the 3rd respondent to depute a senior officer
above the rank of Station House Officer to investigate the
matter. The other prayers in the Writ Petition are left open
and the petitioner is free to avail alternative remedies in
accordance with law.
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Therefore, this Writ Petition (Crl.) is disposed of in
the following manner:
1. The 3rd respondent is directed to depute a senior
officer above the rank of Station House Officer to
investigate Crime No.1141/2024 of Palarivattom
Police Station, within two weeks from the date of
receipt of a copy of this judgment.
2. The new Investigating Officer will do the needful
to apprehend the accused and to complete the
investigation, as expeditiously as possible.
3. If any civil rights of the petitioner are infringed,
the petitioner is free to approach the competent
civil court or other forums in accordance with the
law.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
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APPENDIX OF WP(CRL.) 788/2025
PETITIONER EXHIBITS
EXHIBIT-P1 THE AGREEMENT BETWEEN THE PETITIONER
AND THE CONSULTANCY DATED 24/11/2023
IS PRODUCED HEREWITH AND MARKED AS
EXHIBIT-P1.
EXHIBIT-P2 THE PAYMENT RECEIPT AND CORRESPONDING
BANK RECEIPT DATED 24/11/2023 ISSUED
TO THE PETITIONER ARE PRODUCED
HEREWITH AND MARKED AS EXHIBIT-P2
EXHIBIT-P3 THE PAYMENT RECEIPT AND BANK RECEIPT
FOR THE TRANSACTION DATED 03/06/2024
ISSUED TO THE PETITIONER ARE PRODUCED
HEREWITH AND MARKED AS EXHIBIT-P3.
EXHIBIT-P4 THE RECEIPT DATED 21/06/2024, ISSUED
IN THE NAME OF A GOVERNMENT AUTHORITY
BY THE CONSULTANCY TO THE PETITIONER ,
IS PRODUCED HEREWITH AND MARKED AS
EXHIBIT-P4.
EXHIBIT-P5 THE AGREEMENT BETWEEN ANOOB TM AND THE
CONSULTANCY DATED 11.03.2024 IS
PRODUCED HEREWITH AND MARKED AS
EXHIBIT-P5.
EXHIBIT-P6 THE PAYMENT RECEIPT OF SIJO FRANCIS
DATED 18/07/2024 IS PRODUCED HEREWITH
AND MARKED AS EXHIBIT-P6
EXHIBIT-P7 THE BANK STATEMENT AND RECEIPT FOR THE
PAYMENT DATED 02/08/2024 ISSUED TO
ANOOB T.M IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT-P7
EXHIBIT-P8 THE PHOTOGRAPH OF ARUN P.T IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT-P8
EXHIBIT-P9 AN UNDATED ARTICLE IN MANORAMA
MALAYALAM NEWS DAILY REPORTING PRADEEP
KUMAR'S PRIOR ARRESTS IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT-P9.
EXHIBIT-P10 THE COPY OF THE FIR DATED 13/11/2024
IS PRODUCED HEREWITH AND MARKED AS
EXHIBIT-P10
EXHIBIT-P11 THE RECEIPT OF THE COMPLAINT SUBMITTED
TO ERNAKULAM POLICE COMMISSIONER BY
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THE PETITIONER AND HIS FRIENDS IS
PRODUCED HEREWITH AND MARKED AS
EXHIBIT-P11.
EXHIBIT-P12 THE COMPLAINT SUBMITTED TO DGP BY
PETITIONER'S FRIEND ANOOB T.M DATED
22/03/2025 IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT-P12
