Dismissed

Bhavana Manoharan v. the Station House Officer

Kerala HC9 Dec 2022OP(Crl.)/371/2022

Case brief

AI extract

What is this about?

The High Court of Kerala confirmed an interim order releasing title deeds from the custody of the Court of Enquiry Commissioner. It held that petitioners had cleared their loan liability and the Bank raised no objection to the property being dealt with, while safeguarding prosecution interests via production conditions.

What did the court decide?

Confirmed the order releasing title deeds to the petitioners with conditions to execute a bond and produce documents as directed.

Bhavana Manoharan Vs the Station House Officer — Property and Title | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE K. BABU

¶4

FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA,

¶5

¶6

OP(CRL.) NO. 564 OF 2022

¶7

AGAINST THE ORDER/JUDGMENTCMP 133/2022 OF COURT OF

¶8

ENQUIRY COMMNR. & SPECIAL JUDGE, KANNUR AT THALASSERY

¶9

PETITIONER/S:

¶10

VALAPATTANAM SERVICE CO-OPERATIVE BANK LTD.
VALAPATTANAM.P.O, KANNUR -670010, REP. BY ITS
SECRETARY., PIN - 670010
BY ADV K.RAJESH SUKUMARAN

¶11

RESPONDENTS/PETITIONERS/RESPONDENTS NOS. 1 TO 4 AND 6 TO

¶12

13:

¶13

1 BHAVANA MANOHARAN

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AGED 33 YEARS
D/O MANOHARAN, RESIDING AT LATHA NIVAS,
CHIRAKKAL AMSOM DESOM, P.O. AROLI, KANNUR, PIN
- 670561

¶15

2 VYSHNA MANOHARAN AGED 26 YEARS D/O MANOHARAN, RESIDING AT LATHA NIVAS, CHIRAKKAL AMSOM DESOM, P.O. AROLI, KANNUR, PIN - 670561

¶16

3CHAKKAPPOYYAM MANOHARAN
AGED 65 YEARS, S/O SREEDHARAN,
RESIDING AT LATHA NIVAS, CHIRAKKAL AMSOM DESOM,
P.O. AROLI, KANNUR, PIN - 670561

¶17

4 THE STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION VALAPATTANAM P.O,, KANNUR 670010

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5 MUHAMMED JASEEL S/O IBRAHIM, GEMS, THALIKKAVU, KANNUR -670000 (FORMER ACCOUNTANT, MANNA BRANCH, VALAPATTANAM

¶19

[OP(Crl.) Nos.564/2022 & 371/2022]

¶20

..2..

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SERVICE CO-OP. BANK)

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6 SHAFEEQ PADAPPIL, S/O ABDUL HAMEED, BUSINESS, PADAPPIL HOUSE, NEAR IRINAV DAM, KALLIASERRY AMSOM, KANNUR, PIN - 670562

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7 N.P. HAMSA S/O MOIDEENKUTTY, DILHIDA, KUPPAD, KAYARALAM AMSOM, KANNUR ( FORMER SECRETARY, VALAPATTANAM SERVICE CO-OP. BANK ), PIN - 670602

¶24

8 K.V. SANITHA KUMARI W/O RAMAKRISHNAN, SHIVADAM, CHIRAKUTTY, ANCHAMPEEDIKA, P.O. KALLIASERRI, KANNUR PIN - 670562( FORMER CHIEF ACCOUNTANT, VALAPATTANAM SERVICE CO-OP BANK ),

¶25

9 A.P. SIDHIQUE S/O MAHAMOOD, NIHAL, MANNA, VALAPATTANAM, KANNUR, PIN - 670010

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10 V.K. KRISHNAN S/O VASUDEVAN, VADAKKE ILLAM, KULOTH KALARIVATHUKAL, VALAPATTANAM, KANNUR, PIN - 670010

¶27

11 THAJUDHEEN. K.M S/O UMMERKUTTY, ARAFA MANZIL, MANNA, VALAPATTANAM, KANNUR, PIN - 670010

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12 P. ISMAIL S/O SOOPPY, BAITHUL FATHIMA, NEAR SIRAYI PALLI, VALAPATTANAM, KANNUR, PIN - 670010

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13 P.M. NAZEEMUDHEEN S/O MAMMU, SABIS, THANGAL VAYAL, VALAPATTANAM, KANNUR, PIN - 670010

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14 USHA. C.K C/O SEKHARAN, CHELLARIYAN HOUSE, KALARIVATHUKAL, VALAPATTANAM, KANNUR, PIN - 670010

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15 FATHIBI.T C/O NOUSHAD, THAYAKATHU HOUSE, NEAR MOIDEEN PALLI, VALAPATTANAM, KANNUR, PIN - 670010 BY ADVS. SANTHOSHKUMAR K.C SREEJITH CK K.K.CHANDRALEKHA(K/26/1988) K.S.SUDHA(K/000050/2014) ANUPAMA JOHNY(K/000498/2004)

¶32

[OP(Crl.) Nos.564/2022 & 371/2022]

¶33

..3..

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VISMAYA VENUGOPAL(K/002122/2022)
JOSE KAITHAN(K/003440/2022)
KRISHNAPRASAD P.(K/003472/2022)

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OTHER PRESENT:

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SMT. S REKHA,SENIOR GOVERNMENT PLEADER

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
09.12.2022, ALONG WITH OP(Crl.).371/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶38

[OP(Crl.) Nos.564/2022 & 371/2022]

¶39

..4..

¶40

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶41

PRESENT

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THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 9^TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA,

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1944

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OP(CRL.) NO. 371 OF 2022

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AGAINST THE ORDER/JUDGMENTCC 3/2020 OF SPECIAL COURT FOR TRIAL OF OFFENCE U/A 33/1989, THALASSERY

¶46

PETITIONER/S:

¶47

1BHAVANA MANOHARAN
AGED 33 YEARS
D/O. MANOHARAN,
LATHA NIVAS,
CHIRAKKAL AMSOM, DESOM,
P.O.AROLI, KANNUR DISTRICT
, PIN - 670561
2VYSHNA MANOHARAN
AGED 26 YEARS
D/O. MANOHARAN,
LATHA NIVAS,
CHIRAKKAL AMSOM, DESOM,
P.O.AROLI, KANNUR DISTRICT
, PIN - 670561
3CHAKKAPPOYYAM MANOHARAN
AGED 65 YEARS
S/O. SREEDHARAN,
LATHA NIVAS, CHIRAKKAL AMSOM, DESOM,
P.O.AROLI, KANNUR DISTRICT, PIN - 670561
BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA

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RESPONDENTS/DEFACTO COMPLAINANTS:

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1THE STATION HOUSE OFFICER

¶50

[OP(Crl.) Nos.564/2022 & 371/2022]

¶51

..5..

¶52

VALAPATTANAM POLICE STATION,
VALAPATTANAM, KANNUR DISTRICT,
PIN - 670010
2MUHAMMED JASEEL,
S/O. IBRAHIM, GEMS,
THALIKKAVU, KANNUR AMSOM,
KANNUR DISTRICT
(FORMERLY ACCOUNTANT, MANNA BRANCH
VALAPATTANAM SERVICE CO-OPERATIVE BANK,
PIN - 670001
3SHAFEEQ PADAPPIL,
S/O. ABDUL HAMEED,
PADAPPIL HOUSE, NEAR IRINAV DAM,
KALLIASSERY AMSOM, KANNUR,
PIN - 670562
4N.P.HAMZA
S/O.MOIDEENKUTTY,
'DILHIDA', KUPPAD, KAYARALAM AMSOM,
KANNUR - (FORMERLY SECRETARY,
VALAPATTANAM SERVICE CO-OPERATIVE BANK)
PIN - 670602
5K.V.SANITHA KUMARI,
W/O.RAMAKRISHNAN,
'SHIVADAM', CHIRAKUTTY, ANCHAMPEEDIKA,
P.O.KALLIASSERI AMSOM, KANNUR -
(FORMERLY CHIEF ACCOUNTANT, VALAPATTANAM
SERVICE CO-OPERATIVE BANK) PIN - 670562
6A.P.SIDHIQUE
S/O. MAHAMOOD,
'NIHAL', MANNA, VALAPATTANAM AMSOM,
KANNUR DISTRICT
, PIN - 670010
7V.K.KRISHNAN
S/O. VASUDEVAN VADAKKE ILLAM,
KULOTY KALARIVATHUKKAL, VALAPATTANAM,
KANNUR DISTRICT
, PIN - 670010
8THAJUDHEEN.K.M
S/O.UMMERKUTTY,
ARAFA MANZIL, MANNA, VALAPATTANAM,
KANNUR DISTRICT
, PIN - 670010

¶53

[OP(Crl.) Nos.564/2022 & 371/2022]

¶54

..6..

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9P.ISMAIL
S/O.SOOPPY,
BAITHUL FATHIMA, NEAR SIRAYI PALLI,
VALAPATTANAM, KANNUR DISTRICT,
PIN - 670010
10P.M.NAZEEMUDHEEN
S/O.MAMMU,
'SABIS', THANGAL VAYAL, VALAPATTANAM
KANNUR DISTRICT -
(RETIRED GOVERNMENT SERVANT)
PIN - 670010
11USHA.C.H
C/O.SEKHARAN,
CHELLARIYAN HOUSE, KALARIVATHUKKAL,
VALAPATTANAM, KANNUR DISTRICT,
PIN - 670010
12FATHIBI.T.
C/O. NOUSHAD,
THAYAKATHU HOUSE, NEAR MOIDEEN PALLI,
VALAPATTANAM, KANNUR DISTRICT,
PIN - 670010
13VALAPATTANAM SERVICE CO-OPERATIVE BANK LTD
VALAPATTANAM, KANNUR DISTRICT -
REPRESENTED BY THE SECRETARY
PIN - 670010
BY ADVS.
GOVERNMENT PLEADER SREEJITH CK
ARUN BOSE.D ABD
RAJESH SUKUMARAN K
K.VISWAN(K/416/1993)
KRISHNAPRASAD P.(K/003472/2022)
JOSE KAITHAN(K/003440/2022)

¶56

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
09.12.2022, ALONG WITH OP(Crl.).564/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶57

[OP(Crl.) Nos.564/2022 & 371/2022] ..7..

¶58

[OP(Crl.) Nos.564/2022 & 371/2022]

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JUDGMENT

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As the issue arises in both the Original Petitions are one and the same, these Original Petitions are disposed of analogously through a common judgment. The petitioners in O.P.(Crl.) No.371 of 2022 are respondent Nos. 1 to 3 in O.P.(Crl) No.564 of 2022. Respondent No.13, Valapattanam Service Co-operative Bank Ltd. is the petitioner in O.P.(Crl) No.564 of 2022. (The parties will be referred to as per their status in O.P.(Crl) No.371 of 2022.)

¶61

The petitioners are absolute owners-inpossession of landed property having an extent of 18.99 Ares in Re-survey No.137/1 (Old survey No.171 and 177) of Chirakkal Amsom, Kannur Taluk. The petitioners acquired title and possession over the property by virtue of the following title deeds:-

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(i) The original Jenm assignment deed bearing

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[OP(Crl.) Nos.564/2022 & 371/2022] ..8..

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No.2060/2007 of SRO Valapattanam.

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(ii) The original registered Will bearing No.53/2003 of S.R.O. Valapattanam.

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(iii) Original receipt bearing No. 606/2005 of SRO, Valapattanam.

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(iv) Purchase Certificate No.2452/1976 of Land Tribunal, Kannur.

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(v) Assignment deed bearing No.658/1968 of S.R.O. Valapattanam.

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The petitioners availed a sum of Rs,25,00,000/-

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from the Valapattanam Service Co-operative Bank Ltd. (hereinafter referred to as ‘the Bank’) as loan by mortgaging the property afore-mentioned by depositing the title deeds to the bank.

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In 2013, a financial fraud was unearthed in the bank. Valapattanam Police registered crime No.1015 of 2013 alleging offences punishable under Sections 381, 406, 409, 420, 465, 468, 471, 477A, 109, 201 and 120 B read with Section 34 of the Indian Penal Code and Section 13(1)(c) and (d) read with Section 13(2) of the

¶72

[OP(Crl.) Nos.564/2022 & 371/2022] ..9..

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Prevention of Corruption Act. Some of the officials of the Bank, namely respondent Nos. 2 to 12 were alleged to have committed the aforesaid offences. It is alleged by the prosecution that the officials of the Bank, with the active participation of the other accused, mis-utilized the title deeds deposited by the petitioners and fraudulently sanctioned a loan for an amount of Rs.25,00,000/-.

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After completing the investigation, Valapattanam Police submitted final report in the matter, which is now pending before the Court of Enquiry Commissioner and Special Judge, Thalassery. The petitioners herein are charge witnesses Nos. 3 to 5. The above referred title deeds in respect of the landed properties of the petitioners were seized by the investigating agency from the Bank and produced before the trial Court as exhibits.

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The petitioners filed CMP No.133 of 2022 in C.C.No.3 of 2020 under Section 451 Cr.P.C. for the release

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of their title deeds. The trial Court allowed the petition

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..10..

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[OP(Crl.) Nos.564/2022 & 371/2022]

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as per order dated 09.05.2022. The operative portion of the order reads thus:-

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“Therefore the petition is allowed and following documents namely, the original Jenm Assignment Deed No 2060/2007 of SRO Valapattanam, Original Will Deed No.53/2003 of SRO Valapattanam, Original registered receipt No.606/2005 of SRO Valapattanam, Purchase Certificate No.2452/1976 of Land Tribunal, Kannur, Assignment Deed No.658/1968 of SRO Valapattanam, are released to the petitioners as interim custody with following conditions:-

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(a)Petitioners shall execute a bond for Rs.1,00,000/each along with two solvent sureties for the same amount.

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(b)Petitioners shall produce the documents released to them as and when directed by this Court. In the result petition allowed.”

¶83

The petitioners filed O.P.No.371 of 2022 praying

¶84

for giving permission to them to sell or transfer the property covered by the title deed bearing No.2060 of 2007 of SRO Valapattanam [the title deed in respect of the property involved].

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[OP(Crl.) Nos.564/2022 & 371/2022] ..11..

¶86

The Bank filed O.P.No.564 of 2022 challenging the order dated 09.05.2022 in CMP No.133/2022 in CC. No.03/2020 contending that the liability of the petitioners to the Bank is outstanding, and therefore, the release of the title deed in respect of the property would cause prejudice to the Bank.

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As per the interim order dated 27.10.2022, this Court stayed the operation of the order dated 09.05.2022 in CMP No.133/2002 in CC No.03/2020.

¶88

Heard the learned counsel on both sides.

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The learned counsel for the petitioners submitted that the petitioners had cleared the liability towards the Bank and the title deed is free from encumbrance. The learned counsel for the Bank also submitted that no amount is due from the petitioners to the Bank. The learned counsel for the Bank submitted that the Bank is not pressing for the relief prayed for in O.P.(Crl) No.564 of 2022 in view of the fact that the

¶90

petitioners cleared the liability towards the Bank. The

¶91

submission is recorded.

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The learned Senior Public Prosecutor

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contended that the prosecution might require the title deeds during the trial of the case, and therefore, the interest of the prosecution may be safeguarded.

¶94

Nobody has a challenge regarding the title of the petitioners in respect of an extent of 18.99 Ares in Resurvey No.137/1 (Old survey No.171 and 177) in Chirakkal amsom desom of Kannur Taluk. The petitioners are victims of fraud allegedly committed at the instance of the officials of the Bank. The petitioners were bonafide borrowers of the Bank who have cleared the entire liability towards the Bank. The learned counsel for the Bank contended that the Bank has no objection in the petitioners dealing with property. None of the respondents raised any contention challenging the claim of the petitioners in respect of the property.

¶95

In view of the submissions on both sides, the order dated 09.05.2021 in CMP No. 133/2022 stands

¶96

[OP(Crl.) Nos.564/2022 & 371/2022] ..13..

¶97

confirmed.

¶98

The petitioners are entitled to get the title deed and related documents released from the Court. The Bank has no objection in the petitioners dealing with the property. The other respondents have also no objection in this regard.

¶99

Needless to say, the petitioners are at liberty to deal with the property covered by the title deed in the absence of legal impediments other than the matter related to the mortgage with the Bank. The apprehension raised by the learned Public Prosecutor is also safeguarded in condition No.(b) of the order impugned.

¶100

The petitioners have also produced NOC from the Bank, which will form part of the case record.

¶101

The Original Petitions are disposed of accordingly.

Sd/-

K. BABU, JUDGE

kkj

[OP(Crl.) Nos.564/2022 & 371/2022]

¶106

..14..

¶107

APPENDIX OF OP(CRL.) 371/2022

¶108

PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 28.09.2013 IN CRIME
NO.1015/2013 OF VALAPATTANAM POLICE
STATION
Exhibit P2TRUE COPY OF THE CHARGE SHEET IN
C.C.NO.3/2020 ON THE FILE OF COURT OF
ENQUIRY COMMISSIONER AND SPECIAL
JUDGE, THALASSERY IN CRIME
NO.1015/2013 OF VALAPATTANAM POLICE
STATION
Exhibit P3TRUE COPY OF THE ORDER DATED
09.05.2022 IN C.M.P.NO.133/2022 IN
C.C.NO.3/2020 ON THE FILE OF THE COURT
OF ENQUIRY COMMISSIONER AND SPECIAL
JUDGE, THALASSERY
Exhibit P4TRUE COPY OF THE "GEHAN DEED" DATED
29.06.2013 MADE AVAILABLE TO THE
PETITIONER

¶109

[OP(Crl.) Nos.564/2022 & 371/2022]

¶110

..15..

¶111

APPENDIX OF OP(CRL.) 564/2022

¶112

PETITIONER EXHIBITS
Exhibit P 1COPY OF THE ORDER IN CMP 133/2022 IN
CC 03/2020 DATED 09.05.2022 ON THE
FILE OF THE ENQUIRY COMMISSIONER AND
SPECIAL JUDGE, THALASERRY.

Bhavana Manoharan v. the Station House Officer

Case brief

What is this about?

What did the court decide?

Bhavana Manoharan v. the Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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