Petitioners sought transfer of investigation to Crime Branch and cancellation of bail in a BUDS Act case. Court held transfer premature pending threshold increase.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 17TH DAY OF MARCH 2023 / 26TH PHALGUNA, 1944
WP(CRL.) NO. 51 OF 2023
IN CRIME NO.1174/2022 OF SASTHAMCOTTA POLICE STATION, KOLLAM
PETITIONERS:
1RAMAKRISHNA PILLAI V
AGED 62 YEARS
S/O VASUDEVAN PILLAI
SHREYAS, SASTHAMCOTTA P.O,
KUNNATHUR TALUK, KOLLAM DISTRICT, PIN – 690521
2SREEJA G.S
AGED 40 YEARS
W/O SREEKUMAR M.S
PUTHIVILA, KARTHIKAPALLY P.O.,
KOLLAM DISTRICT, PIN – 690520
BY ADVS.
V.JOHN SEBASTIAN RALPH
VISHNU CHANDRAN
RALPH RETI JOHN
APPU BABU
SHIFNA MUHAMMED SHUKKUR
GIRIDHAR KRISHNA KUMAR
VISHNUMAYA M.B.
GEETHU T.A.
APOORVA RAMKUMAR
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN – 695001
2 STATE POLICE CHIEF STATE POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN – 6950103 DISTRICT POLICE CHIEF (RURAL), KOLLAM KOTTARAKARA P.O. KOLLAM, PIN – 6915064 STATION HOUSE OFFICERSASTHANCOTTA POLICE STATION, KOLLAM., PIN – 690521
5 ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIME BRANCH, CRIME BRANCH HEAD QUARTERS, THIRUVANANTHAPURAM, PIN – 6950086 HOLY TRINITY TRUST REG NO. 215/2009, THEVALAKKARA P.O, KOLLAM, PIN 690524, REPRESENTED BY ITS CHAIRMAN, MR. JAYAKUMAR, S/O SUDHAKARAN, MADATHAIL CHITOOR, PANMANA P.O, CHAVARA, KOLLAM DISTRICT, PIN – 6915837 JAYAKUMAR S/O SUDHAKARAN, MADATHAIL CHITOOR, PANMANA P.O, CHAVARA, KOLLAM DISTRICT, PIN – 6915838 ANAND S/O RADHAKRISHNAN PILLAI, MASERIL, KALARI, PANMANA, CHAVARA P.O, KOLLAM DISTRICT., PIN – 6915839 ANIL KUMAR S/O VELAPPAN NAIR, THONDALI VEEDU, CHERUSSERRYBHAGOM, PANMANA, CHAVARA P.O, KOLLAM., PIN – 69158310PRAMOD R
S/O RADHAKRISHANAN, PONNATUVILA,
MEKKADU, PANMANA, CHAVARA P.O,
KOLLAM DISTRICT. PIN 691583., PIN – 691583
BY ADVS.
PUBLIC PROSECUTOR
S.RAJEEV S
V.VINAY(K/355/2009)
M.S.ANEER(K/644/2013)
SARATH K.P.(K/001467/2021)
PRERITH PHILIP JOSEPH(K/000736/2015)
ANILKUMAR C.R.(K/001190/2020)
OTHER PRESENT:
SMT.SREEJA V
PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
17.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl).No.51 of 2023
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BECHU KURIAN THOMAS, J.
==================== W.P.(Crl).No.51 of 2023
=====================
Dated this 17th day of March, 2023
JUDGMENT
Petitioners seek the following reliefs:
reposed trust in the 6th respondent. However, they have been cheated of their hard-earned money. The deposits made by them, after being induced with the offer of payment of interest, have resulted in offences under the Banning of Unregulated Deposits Schemes Act, 2019 (BUDS Act) as well as other statues, and a crime has been registered. Despite repeated conflicts by the petitioners proper action has not been initiated by the Investigating Officer, which compelled them to
W.P.(Crl).No.51 of 2023
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approach this Court through this writ petition, seeking direction to change the Investigating Agency and also to cancel the bail already granted to the respondents.
W.P.(Crl).No.51 of 2023
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liberty to hand over the investigation to the Crime Branch. In the event of failure to do so, petitioners will also be at liberty to initiate appropriate proceedings to effect such a transfer. Having regard to the nature of allegations, it would be only appropriate in the interest of investigation that a Senior Officer in the rank of Deputy Superintendent of Police, to monitor the investigation being conducted by the 4th respondent.
With the above observations, this writ petition is closed.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/17.03.23.
W.P.(Crl).No.51 of 2023
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APPENDIX OF WP(CRL.) 51/2023
PETITIONERS EXHIBITS
Exhibit P1TRUE COPY OF THE FIR IN CRIME NO.
1174/2022 OF SANSTHANCOTTAH POLICE
STATION, KOLLAM
Exhibit P2TRUE COPY OF THE COMPLAINT DATED
30.03.2022 FILED BY THE FIRST PETITIONER
BEFORE THE SHO SASTHAMKOTTA
Exhibit P3TRUE COPY OF THE PETITION FILED BEFORE
THE DISTRICT POLICE CHIEF (RURAL S.P),
KOTTARAKKARA DATED 30.03.2022 BY THE
PETITIONERS
Exhibit P4TRUE COPY OF THE ORDER OF THE HON'BLE
SESSIONS COURT, KOLLAM, DATED 07.12.2022
IN CRL.M.C NO. 1956/2022
Exhibit5TRUE COPY OF THE PETITION FILED BY THE
FIRST AND SECOND PETITIONER BEFORE THE
COMPETENT AUTHORITY DATED 19.04.2022
(WITHOUT EXHIBITS)
Exhibit P6TRUE COPY OF THE ORDER DATED 23.08.2022
IN W.P (CRL) NO. 686/2022 OF THIS
HON'BLE COURT
Exhibit P7TRUE COPY OF THE ORDER ISSUED BY THE
COMPETENT AUTHORITY & SECRETARY TO
GOVERNMENT, BANNING OF UNREGULATED
DEPOSIT SCHEMES ACT UNDER SECTION 7(3)
OF THE CENTRAL BUDS ACT (2019), DATED
27.12.2022
Exhibit P8TRUE COPY OF THE ORDER OF THE DISTRICT
COLLECTOR KOLLAM, DATED 12.01.2023
1 issue framed by the court
Whether the time has come to transfer the investigation from Sasthamcotta Police Station to the Crime Branch under the BUDS Act.
1 provisions across 1 enactments
RAMAKRISHNA PILLAI V
SREEJA G.S
STATE OF KERALA
STATION HOUSE OFFICER
HOLY TRINITY TRUST
BECHU KURIAN THOMAS
As recorded by the court registry
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