Disposed

The South Indian Bank Ltd., v. State of Kerala

Kerala HC9 Jan 2019WP(C)/588/2019

Case brief

AI extract

What is this about?

Writ petition filed by a bank seeking directions for the Secretary to Home Department to dispose of an application requesting CBI investigation into a gold misappropriation case. The court directed the respondent to pass orders within two weeks.

What did the court decide?

Directed the Secretary to Home Department to pass appropriate orders on the petitioner's application for CBI investigation within two weeks.

The South Indian Bank Ltd., Vs State of Kerala — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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WEDNESDAY,THE 09TH DAY OF JANUARY 2019 / 19TH POUSHA, 1940

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WP(C).No. 588 of 2019

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PETITIONER/S:

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THE SOUTH INDIAN BANK LTD., REPRESENTED BY ANTO GEORGE T., ITS GENERAL MANAGER AND CHIEF OF INTERNAL VIGILANCE, (H.O. INSPECTION AND VIGILANCE DEPARTMENT), HEAD OFFICE, THRISSUR.

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BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY

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RESPONDENT/S:

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1 STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPUTAM-695001.

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2 STATE OF KERALA, SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPUTAM-695001.

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3 DIRECTOR GENERAL OF POLICE/STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPUTAM695001.

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4 DY. SUPERINTENDENT OF POLICE, ECONOMIC OFFENCE WING, CRIME BRANCH, KOLLAM691001, (CRIME NO.190/CR/ECOWKLM/2017).

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WP(C).No. 588 of 2019

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..2..

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5 CENTRAL BUREAU OF INVESTIGATION, REP. BY ITS STANDING COUNSEL, HIGH COURT OF KERALA, ERNAKULAM-682031.

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OTHER PRESENT:

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SRI C S HRITHWIK-SR PP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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The petitioner is a scheduled bank. The

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manager of the petitioner misappropriated gold ornaments pledged with the bank and the money belonging to the bank. The total amount comes to about Rs.33 crores. Crime No. 1190 of 2017

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was registered at Kareelakulangara Police Station for the offences under Sections 406 & 409 of the Indian Penal Code. It is submitted that the offence under Section 13 of the PC Act also is attracted by facts. Now, the case is pending as Crime No. 190/CR/EOWKLM/2017 and

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WP(C).No. 588 of 2019

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..3..

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the investigation is being conducted by the Crime Branch. The petitioner has filed Ext.P9 application before the second respondent, Secretary to Home Department, to entrust the investigation to CBI. The only prayer is to direct him to dispose of the application.

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After hearing all the parties concerned and considering the gravity of the offences, the nature of the offences and the amount involved, I am satisfied that urgent orders have to be passed by the second respondent.

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In the result, this WP(C) is disposed of directing the second respondent to pass appropriate orders on Ext.P9 application within two weeks from the date of receipt or

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production of a copy of this judgment,

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whichever is earlier.

Sd/-

K.ABRAHAM MATHEW

JUDGE

Bka/11.01.2019

WP(C).No. 588 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LETTER DATED 15.7.2017 SUBMITTED BY THE ERSTWHILE BRANCH MANAGER MR. BRIJESH N.B. EXHIBIT P2 TRUE COPIES OF LETTERS RECEIVED FROM CUSTOMERS

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EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE BANK TO THE SUPERINTENDENT OF POLICE, ALAPPUZHA

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EXHIBIT P4 TRUE COPY OF THE REPORT DATED 12.9.2017 FILED BY THE PETITIONER BANK EXHIBIT P5 TRUE COPY OF THE LETTER DATED 15.7.2017 EXHIBIT P6 TRUE COPY OF THE E-MAIL DATED 29.8.2017 EXHIBIT P7 TRUE COPY OF THE LETTER DATED 23.8.2017 FROM SLIMSHA O.K. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 23.8.2017 FROM NR. RENJEEV V R

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EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 13.12.2018 SUBMITTED BY THE PETITIONER BEFORE THE HOME DEPARTMENT WITH COPY TO DIRECTOR GENERAL OF POLICE

The South Indian Bank Ltd., v. State of Kerala

Case brief

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The South Indian Bank Ltd., v. State of Kerala

Case brief

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