Kerala High Court
Suresh M.V vs The State Of Kerala on 2 July, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:48169
WP(C) NO. 15762 OF 2021
1
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(C) NO. 15762 OF 2021
PETITIONER/S:
SURESH M.V,
AGED 52 YEARS
S/O. VELAYUDHA, RESIDING IN THE ADDRESS
MUPPILIL HOUSE, PORATHASSERI P.O,
THRISSUR DISTRICT-680 125
BY ADV SRI.S.S.ARAVIND
RESPONDENT/S:
1 THE STATE OF KERALA,
REP. BY THE SECRETARY TO THE GOVERNMENT, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN 695 001
2 THE DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL OF POLICE, POLICE
HEADQUARTERS, THIRUVANANTHAPURAM P.O,
THIRUVANANTHAPURAM DISTRICT-695 001
3 THE CITY POLICE COMMISSIONER,
AYYANTHOLE P.O, THRISSUR DISTRICT-680 030
4 THE IRINJALAKUDA RURAL SUPERINTENDENT OF POLICE,
OFFICE OF THE SUPERINTENDENT OF POLICE,
IRINJALAKUDA RURAL, IRINJALAKUDA P.O, THRISSUR
DISTRICT-680 121
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WP(C) NO. 15762 OF 2021
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5 THE KARUVANNOOR SERVICE CO OPERATIVE BANK
LIMITED NO. 112,
REPRESENTED BY ITS ADMINISTRATOR, KARUVANNOOR
P.O, THRISSUR DISTRICT-680 711.
6 THE ENFORCEMENT DIRECTORATE,
OFFICE OF THE ENFORCEMENT DIRECTORATE, X7GM+
77F, SHENOYS, KOCHI, ERNAKULAM DISTRICT, PIN-
682011
7 THE CENTRAL BUREAU OF INVESTIGATION,
REGIONAL CIRCLE INSPECTOR, CBI ROAD,
KATHRIKADAVU, ERNAKULAM DISTRICT, PIN-682 017
ADDL.R8 THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
OF INDIA, MINISTRY OF PERSONNEL PUBLIC GRIEVANCE
AND PENSIONS, DEPARTMENT OF PERSONNEL, NORTH
BLOCK, CENTRAL SECRETARIAT, NEW DELHI - 110 001.
[IS IMPLEADED AS PER ORDER DATED 16/11/2021 IN
I.A 1/2021 IN WP(C) 15762/2021]
BY ADVS. SHRI.P.NARAYANAN, ADDL.PUBLIC
PROSECUTOR
SRI.N.RAGHURAJ (SR.)
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SMT.SAYUJYA RADHAKRISHNAN
DIRECTOR GENERAL OF PROSECUTION
SHRI.JAISHANKAR V.NAIR, SENIOR PANEL COUNSEL
SHRI.JAISHANKAR V.NAIR, SC, ENFORCEMENT
DIRECTORATE
SHRI.SREELAL N.WARRIER SPL.PUBLIC PROSECUTOR,
CENTRAL BUREAU OF INVESTIGATION (CBI)
SHRI.C.DINESH, CGC
SMT.SEETHA S, SR PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.15762 of 2021
----------------------------------------------
Dated this the 02nd day of July, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other appropriate
writ order or direction commanding the 1st
respondent to entrust the investigation for the
crime registered as per Exhibit P2 to the
respondents 6 and 7 for a proper and effective
investigation considering the peculiar facts and
circumstances as enumerated and in the interest
of justice.
ii. To pass any such or further orders as the
petitioner may seek and this Hon'ble Court deem
fit to grant.
(SIC)
2. The main prayer in this writ petition is to issue a
direction commanding the 1st respondent to entrust the
investigation for the crime registered as per Ext.P2 to
respondents 6 and 7 for a proper and effective investigation
considering the peculiar facts and circumstances of the case.
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WP(C) NO. 15762 OF 2021
This writ petition is pending before this Court from 2021
onwards. It is submitted by the Public Prosecutor that status
report about the investigation is being filed regularly. When
this writ petition came up for consideration on 11.04.2025, this
Court passed a detailed order which is extracted hereunder:
"Mr. E. Balakrishnan, Deputy Superintendent
of Police, the Investigating Officer of Crime No. 650
of 2021 and other connected crimes has appeared in
the Court, submitted that the final report in Crime
No. 302/CB/TSR/D/21 has been submitted in the
court concerned today. He further submits that the
investigation is taking place at high speed and in
respect of the other nineteen crimes registered in
respect of the financial fraud committed in the
Karuvannoor Service Co-operative Bank scam shall
be submitted within a period of three months.
2. The Investigating Officer is directed to
investigate the role of all accused, who had been
named by the Enforcement Directorate in the ECIR
filed by them. The investigating officer may collect
the affidavit and copy of the ECIR from Mr.
Jayashankar, the learned counsel representing the
Enforcement Directorate. The investigating officer is
warned against coming under pressure from any
political or bureaucratic quarters. He is expected to
carry out the investigation in a fair manner without
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being influenced or coming under any pressure from
anywhere. If this court finds that the investigation
has not been carried out properly and the roles of
the political activists have not been investigated
fairly, the investigating officer will bear the brunt for
his dereliction of duty. This court, therefore, hopes
and trusts that the investigating officer will carry
out the investigation in a proper and fair manner as
expected from him being the officer of the police
force.
Post on 02.07.2025. On the next date of
posting of this writ petition, the investigating officer
shall remain present before this court. "
In the above order, this Court directed the investigating
agency to conduct a fair investigation against all the accused
and bring them to the court of law for trial.
3. Today, when the matter came up for consideration,
the Public Prosecutor submitted that there were one main case
and 21 other cases registered by the Police. As far as the main
case is concerned, two split charges were already filed. As far
as 21 other cases are concerned, 10 cases were already charge
sheeted. In the balance 11 cases, the investigation is almost
complete and the Investigating Officer is awaiting the forensic
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report of certain documents.
4. The counsel for the petitioner relied on the second
paragraph of the order dated 11.04.2025, which is extracted
above. The counsel for the petitioner submitted that the
Investigating Officer was directed to investigate the role of all
the accused who had been named by the Enforcement
Directorate in the ECIR filed by them. There is also a direction
to the Investigating Officer to collect the affidavit and copy of
the ECIR from the Standing Counsel for the Enforcement
Directorate. This Court also warned the Investigating Officer
against coming under pressure from any political or
bureaucratic quarters. The petitioner is even now not satisfied
with the way in which the investigation is going on.
5. This Court considered the contentions of the
petitioner and the Public Prosecutor. As I mentioned earlier, in
10 out of 21 cases, final report already filed. The Public
Prosecutor submitted that in 11 cases, the investigation is
almost over and they are awaiting the report of the Forensic
Science Laboratory. As far as the main case is concerned, two
split charges were filed. In such circumstances, I am of the
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considered opinion that this Court need not look into the
correctness of the investigation invoking the powers under
Article 226 of the Constitution of India at this stage.
Admittedly the final reports are pending before the
jurisdictional court. If the petitioner has any grievance, he can
approach the jurisdictional court, if law permits for the same.
This writ petition need not be retained here indefinitely. I
make it clear that the Investigating Officer will do the needful
to see that the real culprits are before the court of law for trial.
With the above observation, this writ petition is disposed
of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
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WP(C) NO. 15762 OF 2021
APPENDIX OF WP(C) 15762/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMMUNICATION PASSED
BY ASST. REGISTRAR, GENERAL, CO
OPERATIVE SOCIETIES, MUKUNDAPURAM DATED
28.07.2019.
0F 2021 OF THE IRINJALAKUDA POLICE
STATION DATED 14.7.2021.
RESPONDENT ANNEXURES
Annexure - R4(b) A true copy of the letter
No.205/TDR/DYSP-1/CB/TSR/22 dated 10-
10-2022.
Annexure - R4(c) A true copy of the reply
No.ECIR/KCZO/45/2021/9410 dated 01-11-
2022 received from the Enforcement
Directorate.
PETITIONER EXHIBITS
Exhibit P3 A TRUE COPY OF THE CIRCULAR ISSUED BY
THE RESERVE BANK OF INDIA, DATED
01.07.2009.
RESPONDENT ANNEXURES
Annexure - R4(a) A true copy of the letter
No.187/TDR/DYSP-1/CB/TSR/22 dated 20-
08-2022.
ANNEXURE R4(D)
ANNEXURE 1 A TRUE COPY OF THE LETTER NO:
187/TDR/DYSP-I/CB/TSR/22 DATED 20-08-
2022 ISSUED BY THE DEPUTY
SUPERINTENDENT OF POLICE, CRIME BRANCH,
THRISSUR
ANNEXURE II A TRUE COPY OF THE LETTER NO:
205/TDR/DYSP-1/CB/TSR/22 DATED 10-10-
2022 ISSUED BY THE DEPUTY
SUPERINTENDENT OF POLICE, CRIME BRANCH,
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THRISSUR
ANNEXURE III A COPY OF THE ORDER DATED 12-01-2024
PASSED BY THE ADDITIONAL SPECIAL
SESSIONS JUDGE (SPE/CBI)-III, ERNAKULAM
ANNEXURE IV A COPY OF THE ORDER DATED 08-07-2024 IN
CRLMC NO: 2681 OF 2024
