Paulosekutty N.V vs State Of Kerala
2025 Latest Caselaw 9548 Ker

Kerala High Court

Paulosekutty N.V vs State Of Kerala on 10 October, 2025

CRL.MC NO. 3031 OF 2025            1                  2025:KER:75275

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
     FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
                     CRL.MC NO. 3031 OF 2025
          CRIME NO.639/2024 OF Aryanad Police Station,
                          Thiruvananthapuram

PETITIONER/ACCUSED NO.1:
          PAULOSEKUTTY N.V.
          AGED 55 YEARS
          S/O.VARGHESE N.M., NELLICKATHOTTATHIL, SOUTH
          MARADY, SOUTH MARADY P.O., MUVATTUPUZHA, MARADY
          (PART), ERNAKULAM, KERALA, PIN - 586673
          BY ADVS.
          SRI.ARUN CHAND
          SHRI.VINAYAK G MENON
          SHRI.BHARAT VIJAY P.
          SHRI.THAREEQ ANVER
          KUM.K.SALMA JENNATH
          SMT.MINU VITTORRIA PAULSON
          SMT.ARCHANA P.P.
          SMT.SHEHROON PATEL A.K.
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
    2     THE STATION HOUSE OFFICER
          ARYANAD POLICE STATION, THIRUVANANTHAPURAM, PIN -
          695001
    3     RAHUL
          AGED 41 YEARS
          S/O.SASIDHARAN, PERMANENTLY RESIDING AT "RAHUL
          NIVAS", THALAYOLAPRAMBU, VADAYAR VILLAGE, KOTTAYAM
          - 686605 AND IS NOW RESIDING AT VILLA NO.31,
          CHOICE VILLAGE, THRIPPUNITHURA, ERNAKULAM, PIN -
          682301
          R1 & R2 BY SPL.PUBLIC PROSECUTOR SRI.RAJESH.A,VACB
                     SR.PUBLIC PRSOECUTOR SMT.REKHA.S,VACB
            R3 BY ADV.SRI.SERGI JOSEPH THOMAS
       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON    10.10.2025,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 3031 OF 2025              2                  2025:KER:75275




                                ORDER

Dated this the 10th day of October, 2025

This petition has been filed at the instance of the 1 st

accused in Crime No.639/2024 of Aryanad police station,

Thiruvananthapuram, which has been re-registered as

VC.No.02/2025 at the Vigilance and Anti-Corruption Bureau,

Thiruvananthapuram.

2. Heard the learned counsel for the petitioner as

well as the learned Public Prosecutor, in detail.

3. The prosecution case and its genesis can be

gathered from the report filed by the Inspector of Police, VACB,

Thiruvananthapuram, and the same reads as under:

1. It is humbly submitted that this Crl. MC is filed by Sri. Paulosekutty N.V. the 1" accused in Cr.No.639/2024 of Aryanad Police Station, registered U/s 7 of PC Act (Amended) and U/s 506 & 34 IPC on 02.08.2024. Subsequently, offence U/s sec 7(a) & 7A of PC Act, 120B and 385 of IPC were added in the crime.

2. During the course of investigation, the Inspector of Police, Aryanad Police Station has transferred this case to Deputy Superintendent of CRL.MC NO. 3031 OF 2025 3 2025:KER:75275

Police, Kattakada as per the order No. D1-

49087/2024/T Dated 05.08.2024 of District Police Chief, Thiruvananthapuram Rural.

3. As the sections of Prevention of Corruption Act was included in this case, the Deputy Police Superintendent, Kattakada had submitted request for sanction under 17 A of PC Act from Government and to transfer this case to Vigilance and Anti- Corruption Bureau through proper channel. Considering these the State Police Chief, Kerala had recommended the Government to transfer this case to Vigilance and Anti-Corruption Bureau vide Order No:D1- 171398/2024/PHQ Dtd. 01.10.2024 and as per the order No. VIG-B1/295/2024-VIG Dtd.27.12.2024 from Government, the Director VACB accorded sanction to re-register a Vigilance Case.

4. Thus on 15.02.25, this case was re-registered at Vigilance and Anti-Corruption Bureau, Thiruvananthapuram Unit and is being investigated as VC 02/2025/TVM U/s 7(a) & 7A of PC Act (amended) and Sec 120B, 385, 506 & 34 IPC.

5. The mobile phones used by the Petitioner/Accused No.1 and Accused No.2, the details of the screen record video of the mobile phone used by the Respondent No.3/ defacto complainant of this case as well as the partner of City Crushers quarry, Sri. Laiju are seized and forwarded to the Forensic Science Laboratory (FSL) through the Hon. Court by the Deputy Superintendent of Police, Kattakada for CRL.MC NO. 3031 OF 2025 4 2025:KER:75275

scientific analysis.

6. All of the above investigations in Cr. No.639/2024 U/s 7(a) & 7A of PC Act (amended) and Sec. 120B and 385, 506 & 34 IPC of Aryanad Police Station was carried out by the Deputy Superintendent of Police, Kattakada till 24.01 25 and the same was re- registered as VC 02/2025/TVM on 15.02.2025.

7. During the investigation of this case, as per the order of the Hon. High Court dtd. 27.03.2025, 17.07.2025 and 13.08.2025 reports regarding the facts of this case was submitted before the Hon. High Court from Vigilance and Anti-Corruption Bureau, Thiruvananthapuram Unit.

8. It is humbly submitted that the Director FSL had forwarded the Cyber Forensic Analysis Report and the DVD containing the digital evidence to the Hon. Enquiry Commissioner and Special Judge, Thiruvananthapuram.

9. The copy of the above said Cyber Forensic Analysis Report including the copy of the DVD was also received by me from the State Forensic Science Laboratory, Thiruvananthapuram and these evidences are being analyzed thoroughly to ascertain whether the Petitioner/Accused No.1 had any more criminal conspiracy with the Accused No. 2, who is a public servant, in threatening the Respondent No.3/defacto complainant and thereby tried to extort money from him and thus committed the crime as per the sections of this case. The investigation is going on CRL.MC NO. 3031 OF 2025 5 2025:KER:75275

and the FSL report and DVD which was received from the FSL has been analyzing and trying to collect more evidences in connection with the FSL report. If there reveals any irregularities during the investigation, that also needs to be finalized and a duration of at least 6 months will be necessary for the completion of this case.

10. It is humbly submitted that I am herewith submitting the copy of the FSL report as ordered by the Hon. High Court on 06.10.2025.

4. The learned counsel for the petitioner would

contend that as far as the allegations in the FIR is concerned, the

1st accused is innocent, and there is nothing on record to see the

demand and acceptance of Rs.80 Lakh by the 1st accused from the

complainant, as alleged by the prosecution. He has placed on

record a copy of the FSL report obtained from the Special Court

and reiterated that the allegations against the 1 st

accused/petitioner herein are not made out prima facie.

5. Going through the report, it could be gathered

that, as rightly argued by the learned Public Prosecutor, in this

case, the investigation regarding a serious allegation, is at the

final stage and the Investigating Officer has been analysing the CRL.MC NO. 3031 OF 2025 6 2025:KER:75275

FSL report and DVD, which were obtained from the FSL to

finalise final report in support of the prosecution allegations.

6. On perusal of the prosecution records, along

with the report of the Investigating Officer, and as contended by

the learned Public Prosecutor, quashment of the FIR in a serious

case of this nature, at the final stage, would not succeed, since

prima facie, the prosecution materials would show involvement

of the petitioner in this crime. Hence, this petition necessarily

fails.

Therefore, this petition is dismissed with direction to the

Investigating Officer to expedite the investigation and file final

report within a period of three months from today. However, the

liberty of the petitioner to challenge the final report is left open.

Sd/-

A. BADHARUDEEN JUDGE

Bb CRL.MC NO. 3031 OF 2025 7 2025:KER:75275

PETITIONER'S ANNEXURES

Annexure A1 THE TRUE COPY OF THE F.I.R. DATED 02/08/2024 IN CRIME NO.639/2024 OF ARYANAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure A2 THE TRUE COPY OF THE STANDARD OPERATING PROCEDURE (SOPS) DATED 03/09/2021 BEARING NO.428/07/2021 -

                   AVD.IV(B)    ISSUED     BY    MINISTRY   OF
                   PERSONNEL,      PUBLIC     GRIEVANCE    AND

PENSIONS (DEPARTMENT OF PERSONNEL AND TRAINING), GOVERNMENT OF INDIA Annexure A3 THE TRUE COPY OF THE COMMON ORDER DATED 14/10/2024 IN B.A.NO.6947/2024 AND B.A.NO.7038/2024 PASSED BY THIS HON'BLE COURT Annexure A4 THE TRUE COPY OF THE ORDER DATED 23/10/2024 IN S.L.P.(CRL)14626/2024 PASSED BY THE HON'BLE SUPREME COURT OF INDIA Annexure A5 THE TRUE COPY OF THE JUDGMENT OF THE HON'BLE APEX COURT IN NEERAJ DUTTA V. STATE (GOVT.OF NCT OF DELHI) - (2023) 4 SCC 731 Annexure A6 THE TRUE COPY OF THE JUDGMENT OF THE HON'BLE APEX COURT IN SOUNDARAJAN VS. STATE REPRESENTED BY THE INSPECTOR OF POLICE VIGILANCE ANTI CORRUPTION DINDUGUL (2023) 16 SCC 141 Annexure A7 AN AFFIDAVIT DATED 06/03/2025 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT SETTLING ALL THE DISPUTES WITH THE PETITIONER HEREIN PURSUANT TO ANNEXURE A1 CRIME AND PROCEEDINGS THEREOF RESPONDENTS' ANNEXURES

Annexure R3(a) THE TRUE COPY OF THE DEMAND NOTICE DATED 02/08/2024 ISSUED BY THE SENIOR GEOLOGIST, TRIVANDRUM TO THE 3RD RESPONDENT CRL.MC NO. 3031 OF 2025 8 2025:KER:75275

Annexure R3(b) THE TRUE COPY OF THE PAY IN SLIP 07/08/2024 ISSUED BY DEPARTMENT OF TREASURIES, GOVERNMENT OF KERALA Annexure R3(c) THE TRUE COPY OF THE PAY IN SLIP 06/09/2024 ISSUED BY DEPARTMENT OF TREASURIES, GOVERNMENT OF KERALA Annexure R3(d) THE TRUE COPY OF THE PAY IN SLIP 05/10/2024 ISSUED BY DEPARTMENT OF TREASURIES, GOVERNMENT OF KERALA Annexure R3(e) THE TRUE COPY OF THE PAY IN SLIP 26/11/2024 ISSUED BY DEPARTMENT OF TREASURIES, GOVERNMENT OF KERALA Annexure R3(f) THE TRUE COPY OF THE PAY IN SLIP 28/12/2024 ISSUED BY DEPARTMENT OF TREASURIES, GOVERNMENT OF KERALA Annexure R3(g) THE TRUE COPY OF THE PAY IN SLIP 20/01/2025 ISSUED BY DEPARTMENT OF TREASURIES, GOVERNMENT OF KERALA