Kerala High Court
Shyam Srinivasan vs State Of Kerala on 10 December, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY ,THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA,
1940
Crl.MC.No. 7686 of 2018
CRIME NO. 2577/2018 OF ALUVA EAST POLICE STATION,
ERNAKULAM
PETITIONER/S:
1 SHYAM SRINIVASAN
AGED 56 YEARS
S/O.T.S.SRINIVASAN, MANAGING DIRECTOR AND
CHIEF EXECUTIVE OFFICER, THE FEDERAL BANK
LTD., CORPORATE OFFICE, FEDERAL TOWERS, ALUVA,
ERNAKULAM RURAL, KERALA, INDIA, PIN 683101.
2 M/S.FEDERAL BANK LTD.
CORPORATE OFFICE, FEDERAL TOWERS, ALUVA - 683
101, REPRESENTED BY ITS MANAGING DIRECTOR,
ALUVA, ERNAKULAM RURAL KERALA, INDIA, PIN 682
101.
BY ADVS.
SRI.B.RAMAN PILLAI (SR.)
SMT.BABY SNOWDIT
SRI.PRASUN.S
SRI.P.V.SREENIJIN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, PIN 682031.
Crl.MC.No. 7686 of 2018
..2..
2 PULIMOOTTIL CHACKO THOMAS
AGED AROUND 62 YEARS, S/O.CHACKO P.JOHN,
PULIMOOTTI, 3/910 C, K.K.ROAD, CHEMBUMUKKU,
THRIKKAKARA P.O., KOCHI, KERALA, INDIA, PIN -
682 021.
BY ADVS.
SRI.G.HARIHARAN
SMT.K.S.SMITHA
SMT.T.T.SHANIBA
SRI.M.V.VIPINDAS
SRI.PRAVEEN.H.
OTHER PRESENT:
SRI. S. SREEKUMAR SR FOR PTR, SRI . B. RAMAN
PILLAI SR FOR R, SRI. C.M. KAMAPPU PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
10.12.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
ORDER
Petition filed under Section 482 Cr.P.C.
2. Petitioners are the accused in Crime No. 2577 of 2018 of Aluva (East) Police Station. They are alleged to have committed the offences under Sections 108A, 109, 111, 113, 406, 409, 417 & 420 of the Indian Penal Code. The second petitioner is a scheduled bank, of which the Crl.MC.No. 7686 of 2018 ..3..
first petitioner is the Managing Director and Chief Executive Officer. The proceedings are sought to be quashed on the ground that the facts of the case do not attract any offence so far as they are concerned.
3. Heard the learned senior counsel for the petitioners and the learned senior counsel appearing for the second respondent/informant and the learned Public Prosecutor.
4. The learned senior counsel for the second respondent admits that the proceedings against the petitioners can be quashed having regard to the facts of the case. He would submit that the FIR as such may not be quashed because commission of a cognizable offence is made out and the police have to conduct an investigation into it.
In the result, this Crl.M.C. is allowed. The proceedings in Crime No. 2577 of 2018 of Aluva (East) Police Station are quashed so far as Crl.MC.No. 7686 of 2018 ..4..
the petitioners are concerned. But, the investigating officer may proceed with the investigation if the facts of the case disclose commission of a cognizable offence by any known or unknown person.
Sd/-
K.ABRAHAM MATHEW JUDGE APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE PHOTOCOPY OF THE FIRST INFORMATION REPORT IN THE AFORESAID CRIME NO.2577 OF 2018 OF ALUWA EAST POLICE STATION.
ANNEXURE A2 THE TRUE PHOTOCOPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE SECOND RESPONDENT, DATED 23/02/2018.
ANNEXURE A3 THE TRUE PHOTOCOPY OF THE REPLY NOTICE ISSUED FOR AND ON BEHALF OF THE PETITIONERS, DATED 08/03/2018.
ANNEXURE A4 THE TRUE PHOTOCOPY OF THE TRUE PHOTOCOPY OF THE PLAINT IN THE AFORESAID O.S.NO.202 OF 2018 BEFORE THE SUB-COURT, ERNAKULAM.
Bka/10.12.2018