Disposed

P. C. Thomas v. the District Police Chief

Kerala HC5 Jun 2024WP(Crl.)/260/2024

Case brief

AI extract

What is this about?

Petitioner apprehended arrest in numerous crimes relating to M/s G&G Financiers and sought police action on representations and S.41A notices. The Court held he had an effective remedy before jurisdictional courts, having obtained anticipatory bail, reserved liberty to seek enlargement of time from Sessions Courts, and disposed of the petition.

What the court decided

AI extract

P. C. Thomas Vs the District Police Chief — Bail and Remand | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(CRL.) NO. 260 OF 2024
CRIME NO.94/2024 OF VENMANI POLICE STATION, ALAPPUZHA

¶3

PETITIONER:

¶4

P. C. THOMAS
AGED 68 YEARS
S/O, P.T CHACKO,
PADINJATTETHIL RAJU GARDENS,
PUNTHALA P.O., VENMONY, CHENGANNUR TALUK,
ALAPPUZHA DISTRICT, PIN – 689503

¶5

BY ADVS.
MANU RAMACHANDRAN
R.RAJESH (VARKALA)
M.KIRANLAL
T.S.SARATH
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
SHIFANA M.
A.C.EAPEN
AASHI K. SHAJAN

¶6

RESPONDENTS:

¶7

1 THE DISTRICT POLICE CHIEF, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN – 689645

¶8

2 THE DISTRICT POLICE CHIEF ALAPPUZHA, ALAPPUZHA DISTRICT, PIN – 688012

¶9

3 THE STATION HOUSE OFFICER VENMONY POLICE STATION, ALAPPUZHA DISTRICT, PIN - 689509

¶10

W.P.(Crl.).No.260 of 2024

¶11

-:2:-

¶12

4THE STATION HOUSE OFFICER
NOORANADU POLICE STATION,
ALAPPUZHA DISTRICT, PIN – 690504
5THE STATION HOUSE OFFICER
PANDALAM POLICE STATION,
PATHANAMTHITTA DISTRICT, PIN – 689501
6THE STATION HOUSE OFFICER
ADOOR POLICE STATION,
PATHANAMTHITTA DISTRICT, PIN – 691523
7THE STATION HOUSE OFFICER
KOIPPURAM POLICE STATION,
PATHANAMTHITTA DISTRICT, PIN – 689548
BY ADV. SREEJA V.
PUBLIC PROSECUTOR

¶13

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

¶14

W.P.(Crl.).No.260 of 2024

¶15

-:3:-

¶16

BECHU KURIAN THOMAS, J.

¶17

W.P.(Crl.).No.260 of 2024

¶18

Dated this the 5^th day of June, 2024

¶19

JUDGMENT

¶20

Petitioner seeks for the following reliefs:

¶21

“1) To issue a writ of mandamus or any other writ or order or direction directing the respondent no. I to consider and take action in Exhibit PS representation as per law within a time limit fixed by this Hon'ble Court, in the interest of justice;

¶22

1. To issue a writ of mandamus or any other writ or order or direction directing the respondent No.2 to consider and take action in Exhibit P6 representation as per law within a time limit fixed by this Hon'ble Court, in the interest of justice;

¶23

To issue a writ of mandamus or any other writ or order or direction directing the respondent no.3 to 7 to issue notice to the petitioner under S.41A of Cr.PC in FIRs or Complaints in connection with M/s G&G Financiers before proceeding against him, in the interest of justice.”

¶24

Petitioner apprehends arrest in various crimes, based on similar allegations. He attempts to obtain a blanket order to avoid his arrest. He contends that he has no involvement in any of the crimes alleged against him.

¶25

According to the petitioner, he was only an employee of a business establishment by the name “M/s. G & G Financiers”, against

¶26

W.P.(Crl.).No.260 of 2024

¶27

-:4:-

¶28

which several complaints have been registered. Immediately on registration of the initial crime, petitioner had approached the Sessions Court with an application for anticipatory bail. After noticing the nature of crime alleged against him, the learned Session’s Judge observed that the petitioner is a Branch Manager and a paid employee of the company and the liabilities were those to be cleared by the company or members of the Director Board, and there was nothing to show that the petitioner had swindled the money either from the company or the depositors. On the basis of the above observations, the learned Session’s Judge directed the petitioner to co-operate with the investigation and appear before the investigating Officer within a specific time stipulated therein. Apprehending that the petitioner is being arrayed in numerous other similar crimes, he has approached this Court seeking the relief mentioned above.

¶29

The learned Public Prosecutor, upon instructions submitted that already 95 cases are registered and the same is under investigation. Accused 1 and 2 have already been arrested, and efforts are being taken to identify the other accused.

¶30

I have heard Sri. Manu Ramachandran, the learned counsel for the petitioner and Smt. Sreeja.V, the learned Public Prosecutor.

¶31

Since it is submitted by the learned Public Prosecutor that already 95 cases have been registered, in which petitioner is also arrayed as accused in most of the cases, the remedy of the petitioner, if any, is to

¶32

W.P.(Crl.).No.260 of 2024

¶33

-:5:-

¶34

approach the Jurisdictional Court, in accordance with law, if at all he apprehends any arrest. The reliefs now prayed for before this Court cannot be considered, since the petitioner has an effective remedy before the appropriate Court, especially, since he has obtained anticipatory bail in the three applications filed by him.

¶35

Since it is submitted that the petitioner had not appeared before the Investigating Officer pursuant to directions in the order of anticipatory bail, due to the repeated registration of other crimes, certainly, it is open to the petitioner to approach the respective Session’s Court, seeking enlargement of time to appear. If in case any such applications are filed, the same shall be considered, and appropriate orders be passed without undue delay.

¶36

In view of the above, reserving the liberty of the petitioner to approach the Jurisdictional Court, in accordance with law, for appropriate reliefs, this writ petition is disposed of.

¶37

Sd/-

¶38

BECHU KURIAN THOMAS JUDGE

¶39

Jka/05.06.24.

¶40

W.P.(Crl.).No.260 of 2024

¶41

-:6:-

¶42

APPENDIX OF WP(CRL.) 260/2024

¶43

PETITIONER EXHIBITS

¶44

Exhibit P1THE TRUE COPY OF THE CASH DEPOSIT RECEIPT
DATED 18.02.2023 IN NAME OF PETITIONER'S
WIFE AT VENMONY BRANCH OF M/S G&G
FINANCIERS
Exhibit P1(a)THE TRUE COPY OF THE CASH DEPOSIT RECEIPT
DATED 26.02.2023 IN NAME OF PETITIONER'S
WIFE AT VENMONY BRANCH OF M/S G&G
FINANCIERS
Exhibit P1(b)THE TRUE COPY OF THE CASH DEPOSIT RECEIPT
DATED 29.04.2023 IN NAME OF PETITIONER'S
WIFE AT VENMONY BRANCH OF M/S G&G
FINANCIERS
Exhibit P1(c)THE TRUE COPY OF THE CASH DEPOSIT RECEIPT
DATED 18.05.2023 IN NAME OF PETITIONER'S
WIFE AT VENMONY BRANCH OF M/S G&G
FINANCIERS
Exhibit P1(d)THE TRUE COPY OF THE CASH DEPOSIT RECEIPT
DATED 01.09.2023 IN NAME OF PETITIONER'S
WIFE AT VENMONY BRANCH OF M/S G&G
FINANCIERS
Exhibit P2THE TRUE COPY OF THE COMPLAINT DATED
06.02.2024 SUBMITTED BY THE PETITIONER
BEFORE THE DISTRICT POLICE CHIEF,
ALAPPUZHA
Exhibit P3THE TRUE COPY OF THE FIR IN CRIME NO.
94/2024 OF VENMONY POLICE STATION
Exhibit P4THE TRUE COPY OF THE ORDER IN CRL.M.P. NO.
709/2024 DATED 19.02.2024 OF THE
ADDITIONAL SESSIONS JUDGE-III, ALAPPUZHA
Exhibit P5THE TRUE COPY OF THE REPRESENTATIONS DATED
22.02.2024 SUBMITTED BY PETITIONER BEFORE
DISTRICT POLICE CHIEF, PATHANAMTHITTA

¶45

W.P.(Crl.).No.260 of 2024

¶46

-:7:-

¶47

Exhibit P6THE TRUE COPY OF THE REPRESENTATIONS DATED
22.02.2024 SUBMITTED BY PETITIONER BEFORE
DISTRICT POLICE CHIEF, ALAPPUZHA
Exhibit P7THE TRUE COPY OF THE RTI REPLY VIDE NO.D2-
10345/2024/N DATED 22.03.2024 GIVEN BY THE
SPIO OF 1ST RESPONDENT'S OFFICE TO THE
PETITIONER
Exhibit P8THE TRUE COPY OF THE RTI REPLY VIDE
NO.G1(C)-15833/2024/A DATED 18.03.2024
GIVEN BY THE SPIO OF 2ND RESPONDENT'S
OFFICE TO THE PETITIONER
Exhibit P9THE TRUE COPY OF THE ORDER DATED
20.03.2024 IN CRL.MP NO.1111/2024 IN
CRL.MP NO.709/2024 OF ADDL. SESSIONS
COURT-III, ALAPPUZHA
Exhibit P10THE TRUE COPY OF THE ORDER DATED
20.03.2024 IN CRL.MP NO.1136/2024 IN
CRL.MP NO.920/2024 OF ADDL. SESSIONS
COURT-III, ALAPPUZHA

¶48

Exhibit P11THE TRUE COPY OF THE ORDER DATED
20.03.2024 IN CRL.MP NO.1135/2024 IN
CRL.MP NO.926/2024 OF ADDL. SESSIONS
COURT-III, ALAPPUZHA

P. C. Thomas v. the District Police Chief

Case brief

What is this about?

What the court decided

P. C. Thomas v. the District Police Chief

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Thyagarajan Vs State of Kerala

K.P.Geevarghese Alias Babu, Vs State of Kerala

Manjusha Vs State of Kerala

Vishnu @ Pappachan, Vs State of Kerala

Gopakumar Vs State of Kerala

Nithin Vs State of Kerala