Kerala High Court
M/S. Muthoot Finance Ltd vs State Of Kerala on 23 May, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 21ST DAY OF JUNE 2016/31ST JYAISHTA, 1938
Crl.MC.No. 3309 of 2012
-------------------------------------
CRIME NO. 90/CR/SI/07 & 91/CR/SI/07 OF CBCID THIRUVANANTHAPURAM
--------------------
PETITIONER(S)/NOT A PARTY :
----------------------------------------------
1. M/S. MUTHOOT FINANCE LTD.,
REP.BY ITS MANAGING DIRECTOR, MUTHOOT CHAMBERS,
2ND FLOOR, KURIEN TOWERS, BANERJEE ROAD,
COCHIN - 682 018.
2. BRANCH MANAGER,
M/S. MUTHTOOT FINANCE LIMITED, ARATTUPUZHA BRANCH,
ARATTPUZHA, PATHANAMTHITTADISTRICT.
BY ADV. SRI.HANSON.P.MATHEW
RESPONDENT(S)/STATE AND COMPLAINANT :
---------------------------------------------------------------------
1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. SUPERINTENDENT OF POLICE,
SPECIAL INVESTIGATION GROUP-I (SIG-I),
CB CID (CRIME BRANCH CRIME INVESTIGATION DEPT.)
MUTTADA, THIRUVANANTHAPURAM- 695 002.
* ADDITIONAL R3 IMPLEADED
3. SANTHANAVALLY A.N, AGED 66 YEARS,
D/O. LATE NANU, RESIDING AT: EDAYADIYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
* ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 23.05.2014 IN
CRL.M.A.NO. 3372 OF 2014.
..2/-
..2..
Crl.MC.No. 3309 of 2012
-------------------------------------
4. SUNIL MATHEW, AGED 39 YEARS,
S/O. T.M.YOVEL, BLOCK NO. 50, KURICHIMUTTOM MURI,
KIDAGANOOR VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT.
5. AJITHA MOHAN, AGED 45 YEARS,
W/O. MOHANAN P.N.,PADINJARE PARATHITTA VALLANA,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
6. INIDIRA P.K, AGED 59 YEARS,
D/O. KUNJU PILLAI, PARAYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
7. AMMINI VASU, AGED 60 YEARS,
W/O. VASU, BLOCK 76, KURICHIMUTTOM MURI,
KIDAGANOOR VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT.
8. MOHANAN, AGED 54 YEARS,
S/O. RAGHAVAN, PUNNAKUZHIYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
9. ROHINI, AGED 42 YEARS,
D/O. LATE RAMAKRISHNAN, ADIMURIYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
10. BABUKUTTAN, AGED 40 YEARS,
S/O. DIVAKARAN, SHEEJA SADANAM,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
11. ANANDAN C.A., AGED 60 YEARS,
S/O. AZHAKAN, CHARIVUPARAMPIL
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
12. SUSEELA, AGED 53 YEARS,
W/O. PRABHAKARAN, NELLICKUNNATHU HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
13. KUNJUMOL.P., DATED 37 YEARS,
W/O. PRAKASH, VISHNU BHAVAN,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..3/-
..3..
Crl.MC.No. 3309 of 2012
-------------------------------------
14. SUNILKUMAR C.K., AGED 30 YEARS,
S/O. KUTTAPPAN, CHANDISSERIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
15. OMANA N.K., AGED 47 YEARS,
W/O. DILEEP, NELLICKUNNATHU HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
16. VINI ANIL, AGED 30 YEARS,
D/O. KUTTAN, PARATHITTA HOUSE, VALLANA,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
17. MANI P.S.,AGED 37 YEARS,
W/O. MOHANAN P.R.,PUNNAKUZHIYIL HOUSE, VALLANA,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
18. SIJI K., AGED 29 YEARS,
D/O. KUTTAPPAN, THENGUM MOODIYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
19. JANAMMA, AGED 62 YEARS,
W//O. RAJAPPAN, MYAVIL PUTHEN VEEDU, KOTTA P.O.,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
20. SYAMALA, AGED 31 YEARS,
D/O. DHAMODHARAN, RAHUL BHAVAN,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
21. GOPALAKRISHNAN, AGED 53 YEARS,
S/O. LATE NANU, GOPAL NIVAS,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
22. JOLLYSUNIL, AGED 37 YEARS,
D/O. JOSEPH, BLOCK NO. 50 B,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
23. GANGA.M.PILLAI, AGED 37 YEARS,
W/O. MANIKUTTAN PILLAI, MADHURAKALAYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..4/-
..4..
Crl.MC.No. 3309 of 2012
-------------------------------------
24. RAMAKARAN, AGED 58 YEARS,
S/O. NARAYANAN, MURIYICKAL HOUSE, VALLANA,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
25. K.K.THANKAPPEN, AGED 66 YEARS,
S/O. ULAKAN, MAMKOOTTATHIL VEEDU, BLOCK NO. 149,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
26. ANIL KUMAR, AGED 44 YEARS,
S/O. V.K.AZHAKAN, KURICHIMUTTOM MURI,
KIDAGANOOR VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT.
27. SUNITHA P.N., AGED 37 YEARS,
D/O. CHELLAMMA, VAKKELATHU PADINJATTATHIL,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
28. CHELLAMMA P.N., AGED 72 YEARS,
W/O. LATE NARYANAN, VAKKELATHU PADINJATTATHIL,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
29. CHANDRAN M.R., AGED 60 YEARS,
S/O. LATE RAGHAVAN, KALESH BHAVAN, BLOCK NO. 103,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
30. CHELLAMMA, AGED 52 YEARS,
S/O. LATE RAGHAVAN, KALESH BHAVAN, BLOCK NO. 103,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
31. GEORGE K.A., AGED 67 YEARS,
S/O. KUNJACHAN, ANNI BHAVAN, KALARIKODU MURI,
MALAKKARA P.O., ARANMULA VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
32. REENA JOHN, AGED 38 YEARS,
D/O. JOHN KURUKAPADITYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
33. JAYASREE, AGED 40 YEARS,
D/O. LATE PADMANABHAN NAIR, SANTHIYIL PUTHEN VEEDU,
EDUMAKKADU P.O., KURICHIMUTTOM MURI, KIDAGANOOR
VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..5/-
..5..
Crl.MC.No. 3309 of 2012
-------------------------------------
34. PRAKASH, AGED 54 YEARS,
S/O. RAMACHANDRAN NAIR, SANTHI PUTHEN VEEDU,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
35. RAJESH KUMAR, AGED 39 YEARS,
S/O. O.DHAMODHARAN PILLAI, DEVIKA VILASAM,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
36. GEORGE T.M., AGED 38 YEARS,
W/O. RAJESH, BLOCK NO. 50,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
37. LISSY, AGED 40 YEARS,
D/O. YOHANNAN, BLOCK NO. 48, EZHIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
38. THARA, AGED 38 YEARS,
W/O. RAJESH, BLOCK NO. 32,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
39. RAJAPPAN, AGED 67 YEARS,
S/O. CHATHAN, MYAVIL PUTHEN VEEDU, KOTTA P.O.,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
40. MATHEW VARUGHESE, AGED 36 YEARS,
S/O. M.VARUGHESE, MUTHANDATHU HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
41. MINI VARUGHESE, AGED 33 YEARS,
W/O. MATHEW VARUGHESE, MUTHANDATHU HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
42. ANIYAN M.T., AGED 50 YEARS,
S/O. LATE MADHAVAN, THENGUMMODIYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
43. SIJU K.S, AGED 31 YEARS,
S/O. RAGHAVAN, BLOCK NO. 73,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..6/-
..6..
Crl.MC.No. 3309 of 2012
-------------------------------------
44. SHOBHANA, AGED 38 YEARS,
W/O. RAJESH, BLOCK NO. 73, EZHIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
45. PREEJA, AGED 31 YEARS,
D/O. RAGHAVAN, NEELICKUNNATHU HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
46. SABU K.K., AGED 31 YEARS,
S/O. RAGHAVAN, BLOCK NO. 73,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
47. RAMA ANIYAN, AGED 46 YEARS,
W/O. ANIYAN, THENGUM MOODIYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
48. BHAVANI, AGED 57 YEARS,
D/O. LATE NANU, VETTICKAL, PALLATHU HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
49. SOUDHAMINI, AGED 50 YEARS,
D/O. PADMANABHEN, BLOCK NO. 58, EZHIKKADU HARIJAN
COLONY, KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
50. OMANA D., AGED 51 YEARS,
D/O. DHAMODHARAN, BLOCK NO. 73, EZHIKKADU HARIJAN
COLONY, KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
51. MAYA SAJU, AGED 28 YEARS,
W/O. SAJU, BLOCK NO. 72, EZHIKKADU HARIJAM COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
52. GOPALAKRISHNAN, AGED 53 YEARS,
S/O. LATE NANU, NELLIKUNNATHU CHANDRASSERIL,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
53. CHINNAMMA, AGED 57 YEARS,
W/O. YOVEL T.M., BLOCK NO. 50,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..7/-
..7..
Crl.MC.No. 3309 of 2012
-------------------------------------
54. YOVEL T.M., AGED 62 YEARS,
S/O. JOSEPH, BLOCK NO. 50,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
55. RAJESH, AGED 40 YEARS,
S/O. KUNJUKUNJU, BLOCK NO. 32, EZHIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
* ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4 TO 55 AS PER ORDER
DATED 03.07.2014 IN CRL.M.A.NOS. 5781, 5782, 5783, 5698, 5699, 5871, 5872,
5873, 5856, 5860, 5845, 5846, 5848, 5834, 5835, 5840, 5841, 5842, 5843, 5844,
5855, 5938, 5883, 6089 AND 6120 OF 2014 IN CRL.M.C.NO. 3309 OF 2012.
** ADDITIONAL R56 TO 119 IMPLEADED
56. INDIRA DEVI, AGED 44 YEARS,
W/O. GOPI, NIRANNAKALAYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
57. OMANA K.K, AGED 50 YEARS,
D/O. KARUTHAKUNJU, THENGENADAYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
58. AMTH SHANKER @ KOCHUMON, AGED 38 YEARS,
S/O. LATE VIJAYAN, SHANKER NIVAS, THITTEMEL MURI,
CHENGANNUR VILLAGE, CHENGANNUR TALUK,
ALAPPUZHA DISTRICT.
59. RATHY G., AGED 30 YEARS,
D/O. K.K.GOVINDAN, KIZHAKKE PARATHITTA HOUSE,
VALLANA MURI, ERAUMAKKADU P.O., KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
60. BHAVANI, AGED 57 YEARS,
D/O. LATE NANU, VETTICKAL PALLATHU HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
61. GOVIDHAN K.K., AGED 60 YEARS,
KIZHAKKE PARATHITTAHOUSE, VALLANA MURI,
ERUMAKKADU P.O., KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..8/-
..8..
Crl.MC.No. 3309 of 2012
-------------------------------------
62. JAYALAKSHMI, AGED 31 YEARS,
D/O. LATE SASIDHARAN NAIR, NIRANNAKALYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
63. RAVI M.P., AGED 70 YEARS,
S/O. PARAMESWARAN, PADINJARE MANAPATTATHU VEEDU,
MANGALAM MURI, CHENGANNUR TALUK, ALAPPUZHA DISTRICT.
64. LEENA (LALITHA), AGED 36 YEARS,
W/O. SAMBAN, PUTHEN PURAYIL VEEDU, VALLANA MURI,
ERUMAKKADU P.O., KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
65. SAVITHRI T.P., AGED 48 YEARS,
W/O. DHAMAODHARAN, THENGUM MOODIYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
66. RAJANI, AGED 36 YEARS,
D/O. GOPALAN, KUTTIYIL VEEDU, VALLANA MURI,
EDUMAKKADU P.O., KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
67. CHELLAMMA K., AGED 62 YEARS,
W/O. KARUNAKARAN, KALESH BHAVAN,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
68. KUNJUMOL P.,AGED 37 YEARS,
W/O. PRAKASH, VISHNU BHAVAN,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
69. SANTHOSH K., AGED 38 YEARS,
S/O. T.D.SREEDHARAN, BLOCK NO. 72, EZHIKKADU HARIJAN
COLONY, KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
70. RAJAMMA N.K., AGED 46 YEARS,
W/O. KUTTAPPAN, BLOCK NO. 77, EZHIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
71. AJITHA, AGED 32 YEARS,
D/O. SURENDRAN, BLOCK NO. 156, EZHIKKADU HRIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..9/-
..9..
Crl.MC.No. 3309 of 2012
-------------------------------------
72. BHASURA, AGED 40 YEARS,
W/O. LATE SOMAN, NELLICKUNNATHU HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
73. RATHEESH, AGED 28 YEARS,
S/O. LATE SOMAN, NELLICKUNNATHU HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
74. GOPI M., AGED 57 YEARS,
S/O. KUMARAN, THEKKEKOLLURETHU HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
75. PRADEEP, AGED 25 YEARS,
S/O. GOPI, PULICHIMANAL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
76. REMANI K.N, AGED 47 YEARS,
W/O. RAJAPPAN NAIR, NIRANNAKALAYIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
77. RAGHU, AGED 44 YEARS,
S/O. KUNJUKUNJU M.T., BLOCK NO. 95, EZHIKKADU HARIJAN
COLONY, KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
78. SUBI, AGED 34 YEARS,
D/O. CHACKO, THUNDIYIL HOUSE, BLOCK NO. 5,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
79. BIJU T.P., AGED 38 YEARS,
S/O. DIVAKARAN, THUNDIYIL HOUSE, BLOCK NO. 5,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
80. CHANDRAN K., AGED 55 YEARS,
S/O. AYYAPPAN, BLOCK NO. 91, EZIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
81. OMANA AYYAPPAN, AGED 47 YEARS,
D/O. LATE AYAPPAN, BLOCK NO. 91, EZIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..10/-
..10..
Crl.MC.No. 3309 of 2012
-------------------------------------
82. VALSALA P.A., AGED 42 YEARS,
W/O. SAHADEVAN, BLOCK NO. 23, EZHIKKADU HARIJAN COLONY
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
83. SAHADEVAN, AGED 42 YEARS,
S/O. PODIYAN, BLOCK NO. 23, EZHIKKADU HARIJAN COLONY
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
84. KUMARY,AGED 44 YEARS,
D/O. DHAMAODHARAN, BLOCK NO. 54,
EZHIKKADU HARIJAN COLONY, KURICHIMUTTOM MURI,
KIDAGANOOR VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT.
85. DIVAKARAN, AGED 55 YEARS,
S/O. KUTTY,BLOCK NO. 142, EZHIKKADU HARIJAN COLONY
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
86. LIZY, AGED 52 YEARS,
W/O. RAJU, ALEX BHAVAN,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
87. MARRY ALEX @ JULYALEX, AGED 34 YEARS,
W/O. ALEX, ALEX BHAVAN, KURICHIMUTTOM MURI,
KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
88. KARUNAKARAN @ KUNJUMON, AGED 64 YEARS,
S/O. LATE KOCHURAMAN, THEKKECHARUVIL,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
89. SINI JOSEPH, AGED 28 YEARS,
D/O. JOSEPH, THEKKECHARUVIL,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
90. GEETHA R., AGED 40 YEARS,
W/O. RAGHU, BLOCK NO. 87, EZHIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
91. GOPI K.R, AGED 53 YEARS,
S/O. RAGHAVAN, BLOCK NO. 9, EZHIKKADU HARIJAN COLONY
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..11/-
..11..
Crl.MC.No. 3309 of 2012
-------------------------------------
92. RAJAMMA U.N, AGED 50 YEARS,
W/O. GOPI, BLOCK NO. 9, EZHIKKADU HARIJAN COLONY
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
93. RADHAKRISHNAN, AGED 40 YEARS,
S/O. LATE KRISHNAPILLA, KRISHNA VILASAM,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
94. OMANAYAMMA K.G., AGED 58 YEARS,
S/O. LATE KRISHNAPILLA, KRISHNA VILASAM,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
95. SANTHOSH KUMAR, AGED 40 YEARS,
S/O. SASIDHARAN NAIR, MUTTETTUMALAYIL,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
96. SUJA, AGED 45 YEARS,
W/O. BABU, THEKKECHARUVIL VEEDU,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
97. JAGADHAMMA, AGED 64 YEARS,
D/O. RAMAN PILLAI, SURESH BHAVAN,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
98. SARASAMMA, AGED 59 YEARS,
D/O. LATE KESHAVAPILLA, SREENARAYANA MANGALAM,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
99. RAMYA S.R., AGED 27 YEARS,
D/O. SARASAMMA, SREENARAYANA MANGALAM,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
100. SUNIL P.N,AGED 44 YEARS,
D/O. LATE NARAYANAN, VAKKELATHU PADJATTETHIL VEEDU,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
101. PENNAMMA, AGED 50 YEARS,
D/O. THAMPI, BLOCK NO. 119, EZHIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..12/-
..12..
Crl.MC.No. 3309 of 2012
-------------------------------------
102. BINDHU K.K., AGED 42 YEARS,
W/O. SUNIL, VAKKELATHU PADJATTETHIL VEEDU,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
103. SYAMALA K.M, AGED 45 YEARS,
W/O. OMANA KUTTAN, SREEKRISHNALAYAM,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
104. JYOTHI T., AGED 28 YEARS,
D/O. THAMPI, BLOCK NO. 19, EZHIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
105. VIJAYAN K, AGED 40 YEARS,
BLOCK NO. 49, EZHIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
106. VIMAL KUMAR, AGED 24 YEARS,
BLOCK NO. 52, EZHIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
107. SUNILKUMAR C.K, AGED 30 YEARS,
S/O. KUTTAPPAN, CHANDISSERIL HOUSE,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
108. SUSEELA, AGED 37 YEARS,
D/O. GANGADHARAN, PUTHENPURAYIL HOUSE,
VALLANA MURI, ERUMAKKADU P.O.,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
109. SANTHAMMA C.R., AGED 50 YEARS,
SREE BHAVAN, KARAKKADU MURI,
MULAKUZHA VILLAGE, CHENGANNUR TALUK,
PATHANAMTHITTA DISTRICT.
110. SAJAN, AGED 39 YEARS,
GOPALAN, MATHIRAMPALLIL VEEDU,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
111. CHANDRAN M.R, AGED 60 YEARS,
S/O. LATE RAGHAVAN, KALESH BHAVAN,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..13/-
..13..
Crl.MC.No. 3309 of 2012
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112. SASI C.A, AGED 54 YEARS,
CHARUVUPARAMBIL VEEDU,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
113. RESHMI, AGED 32 YEARS,
D/O. RAVEENDRAN, KARAIL VEEDU,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
114. MARRY CHERYAN, AGED 66 YEARS,
W/O. CHERYAN,PARUTHUPARA PUTHEN VEEDU,
ERUMAKKADU MURI, ARANMULA VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
115. K.K.GOVINDAN, AGED 58 YEARS,
KIZHAKKEPARUTHITTA VEEDU, VALLANA MURI,
KIDAGANOOR VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT.
116. SAVITHRY J.P., AGED 46 YEARS,
W/O. SASI, THENGUM MODIYIL HOUSE,
EZHIKKADU HARIJAN COLONY, KURICHIMUTTOM MURI,
KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
117. KUNJUMOL P.,AGED 35 YEARS,
VISHNU BHAVAN, KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
118. SANTHOSH T.K, AGED 35 YEARS,
BLOCK NO. 72. EZHIKKADU HARIJAN COLONY,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
119. REGANI BABU, AGED 36 YEARS,
D/O. GOPALAN, KUTTIYIL HOUSE, ERUMAKKADU MURI,
ARANMULA VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT.
** THE ABOVE MENTIONED PERSONS ARE IMPLEADED AS ADDITIONAL
RESPONDENTS 56 TO 119 AS PER ORDER DATED 21.07.2015 IN
CRL.M.A.NOS. 8025, 8026, 8027, 8038, 8039, 8040, 8041 AND 8042 OF 2014
AND 6285 OF 2015 IN CRL.M.C.NO. 3309 OF 2012.
*** ADDITIONAL R120 TO 123 IMPLEADED
120. VALSAMMA T.N,AGED 47 YEARS,
W/O. RAMAKARAN, MURIYICKAL HOUSE,
KURICHIMUTTOM MURI, VALLANA, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
..14/-
..14..
Crl.MC.No. 3309 of 2012
-------------------------------------
121. SARASAMMA, AGED 48 YEARS,
W/O. K.N.KRISHNAN, BLOCK NO. 127,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
122. PRASSANNA RAJESH, AGED 35 YEARS,
W/O. RAJESH, RHADIKA VILASAM,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
123. CHINJU MOHAN, AGED 27 YEARS,
D/O. MOHAN, PADIJARE PARUTHITTA VEEDU,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
*** THE ABOVE MENTIONED PERSONS ARE IMPLEADED AS ADDITIONAL
RESPONDENTS 120 TO 123 AS PER ORDER DATED 14.12.2015 IN
CRL.M.A.NO. 10870 OF 2015 IN CRL.M.C.NO. 3309 OF 2012.
**** ADDITIONAL R124 IMPLEADED
124. ANNAMMA VARGHESE, AGED 53 YEARS,
D/O. LATE VARGHESE, THIRUMAKALAAYIL VEEDU,
MULAKUZHA MURI, MULAKUZHA VILLAGE,
CHENGANNUR TALUK, ALAPPUZHA DISTRICT.
**** IS IMPLEADED AS ADDITIONAL R125 AS PER ORDER DATED 08.04.2016
IN CRL.M.A.NO. 3392 OF 2016 IN CRL.MC.No. 3309 OF 2012.
***** ADDITIONAL R125 IMPLEADED
125. SREEJA S.KUMAR, AGED 32 YEARS,
W/O. LATE SURESH KUMAR, SURESH BHAVAN,
KURICHIMUTTOM MURI, KIDAGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.
***** IS IMPLEADED AS ADDITIONAL R125 AS PER ORDER DATED 21.06.2016
IN CRL.M.A.NO. 6317 OF 2016 IN CRL.M.C.NO. 3309 OF 2012.
R1 & R2 BY PUBLIC PROSECUTOR SRI. V.S.SREEJITH
ADDL.R3 TO R55 BY ADV. SRI.AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21-06-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
Crl.MC.No. 3309 of 2012
-------------------------------------
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: TRUE COPY OF FIR IN CRIME NO. 26 OF 2007 OF
CHENGANNUR POLICE STATION.
ANNEXURE A2: TRUE COPY OF 2ND PETITIONER'S LETTER
DATED 22.01.2007.
ANNEXURE A2(A): TABLE SHOWING DETAILS OF GOLD LOAN TRANSACTIONS
OF THE PETITIONER.
ANNEXURE A3: TRUE COPY OF NOTICE DATED 16.05.2007 ISSUED BY
THE CHENGANNUR POLICE STATION.
ANNEXURE A4: TRUE COPY OF F.I.R IN CRIME NO. 24/07 OF ARANMULA
POLICE STATION.
ANNEXURE A5: TRUE COPY OF NOTICE DATED 28.06.2007 ISSUED BY R2.
ANNEXURE A6: TRUE COPY OF SEIZURE MAHAZAR OF R-2
DATED 15.06.2007.
ANNEXURE A7: TRUE COPY OF ORDER DATED 29.08.2006 OF THE HON'BLE
MADRAS HIGH COURT, MADURAI BENCH IN
CRL.O.P(MD) 5883 OF 2006.
ANNEXURE A7(A): TRUE COPY OF A NOTICE DATED 27.06.2007 ISSUED BY
THE MEDIATION CENTRE TO THE 1ST PETITIONER.
ANNEXURE A7(B): TRUE COPY OF A CERTIFICATE DATED 28.06.2007 ISSUED
BY THE MEDIATION CENTRE SHOWING DETAILS OF
AMOUNTS PAID BY ORIGINAL PLEDGERS TO
1ST PETITIONER.
ANNEXURE A7(C): TRUE COPY OF NOTICE DATED 25.09.2006 ISSUED BY
MEDIATION CENTRE TO THE INVESTIGATING OFFICER.
ANNEXURE A7(D): TRUE COPY OF A REPORT DATED 27.09.2007 SUBMITTED
BY THE MEDIATION CENTRE TO THE HON'BLE MADRAS
HIGH COURT, MADURAI BENCH.
ANNEXURE A7(E): TRUE COPY OF REPORT DATED 24.08.2007 SUBMITTED
BY THE MEDIATION CENTRE TO THE JUDICIAL
MAGISTRATE COURT NO.1, MADURAI.
RESPONDENT(S)' ANNEXURES : NIL
//TRUE COPY//
P.A.TO JUDGE
Msd.
RAJA VIJAYARAGHAVAN.V., J
- - - - - - - - - - - - - - - - - - - -
Crl.M.C. No. 3309 of 2012
- - - - - - - - - - - - - - - -
Dated 21st June, 2016
- - - - - - - - - - - - - - - - - - - - - - - -
ORDER
1.Crime No.26 of 2007 was registered by the Chengannur police on 12.1.2007 against one John Nainan @ Mohan and his wife Smt. Roshni John alleging offence punishable under Section 420 read with Section 34 of the IPC.
2.The prosecution allegation is that the accused were conducting a private banking institution by name Vallopallil Bankers at Chengannur and in the course of business they misappropriated large quantity of gold ornaments which were pledged by various persons in the said bank.
3.Investigation which was initially in the hands of the local police were later taken over by the CBCID, SIG I Thiruvananthapuram and the crime was re-registered as Crime No.90/CR/S1/07. Crime No.24 of 2007 was also registered by the Aranmula Police against the very same accused for offence under Section 420 read with Section Crl.M.C. No.3309 of 2012 -2- 34 IPC on 14.1.2007. The Investigation of the said case was also transferred to the Crime Branch CID and Crime No.91/CR/S1/07 was registered.
4.In the course of investigation it was revealed that accused had absconded after committing the offence. It was also revealed that the gold ornaments which was pledged by various persons in the private bank of accused Nos.1 and 2 were re-pledged in the petitioner bank.
5.In the course of investigation, the Deputy Superintendent of Police, CBCID Thiruvananthapuram issued Annexure A5 to the petitioner herein directing them not to release the ornaments, cash deposits etc pledged by accused Nos. 1 and 2 before the petitioner bank.
6.It was in the said circumstances that the instant petition was preferred by the petitioners seeking directions to expedite investigation of aforesaid crimes of the SIG I, CBCID, Thiruvananthapuram expeditiously. It is also prayed that necessary orders to issued to permit the petitioner to sell the gold ornaments seized from them and weighing 4118.6 gms.
Crl.M.C. No.3309 of 2012 -3-
7.While the petition was pending as aforesaid, the persons who have pledged the gold ornaments with the 1st and 2nd accused in the original crime approached this Court and filed applications to implead them in this petition. Those applications were allowed and they have been arrayed as additional respondents No 4 to 125.
8.Heard the learned counsel appearing for the petitioner and the Public Prosecutor .
9.A report has been submitted by the Deputy Superintendent of Police, CBCID, EOW1 Sub unit Thiruvananthapuram as directed by this Court. In the statement filed by the said Officer, it is stated that the investigation of both the cases have been completed and factual report has been submitted for sanction prior to filing the final report before court. Investigating Officer has also reported that the State has no objection in handing over the gold ornaments kept in the Muthoot Bank Kozhenchery after obtaining suitable bond from the respective persons provided they are able to establish their right to obtain interim custody of those articles. Crl.M.C. No.3309 of 2012 -4-
10.It is pointed out by the learned counsel appearing for respondents 4 to 125 that in the course of investigation, they have identified the gold ornaments and the said gold ornaments be handed over to them by imposing suitable conditions.
11.On the other hand the learned counsel appearing for the petitioner submits that though the petitioner is satisfied with the successful completion of investigation, necessary directions be issued to grant interim custody of those ornaments in respect of which no person has come forward to claim any right.
12.I take note of the fact that the final report has laid before court and in so far as the custody of the ornaments are concerned, it is for the jurisdictional Magistrate to consider the applications seeking interim custody. The investigating officer has filed a statement stating that they have no serious objection in handing over possession of the gold ornaments to the persons who are entitled to the possession of the same. In view of the above, prima facie, it appears to me that the learned Magistrate can be Crl.M.C. No.3309 of 2012 -5- directed to grant interim custody of the Gold Ornaments to the respondents 4 to 125, provided they are able to establish their right over the ornaments concerned. In so far as the gold ornaments in respect of which no person has come forward claiming any right, the learned Magistrate is directed to pass appropriate orders to hand over the ornaments concerned to the petitioner herein by imposing appropriate conditions. The learned Magistrate shall be at liberty to obtain the assistance of the investigating officer to classify the gold ornaments and to ascertain the persons who are entitled to the possession of the same.
This petition is disposed of. All pending Crl.M.As stand closed.
Sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE kp/-21.6.16