Kerala High Court
Navadhanyam Farms And Plantations ... vs State Of Kerala
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 2ND DAY OF JULY 2018 / 11TH ASHADHA, 1940
Crl.MC.No. 3299 of 2011
-----------------------
CRL.M.P.1610/2011 IN CC 43/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,
ALUVA.
CRIME NO.2257/2011 OF KALAMASSERY POLICE STATION.
.......
PETITIONER(S)/ACCUSED:
----------------------
1. NAVADHANYAM FARMS AND PLANTATIONS PVT.LTD.,
EDAPPALLY, ERNAKULAM DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR,
SMT.USHA.
2. USHA, W/O.CHANDRAN, AGED 57,
VELLUTHEDATH HOUSE, PARUTHELI BRIDGE,
PUTHIPPALLLIPRAM THRIKKAKARA NORTH.
BY ADVS.SRI.R.MURALEEKRISHNAN
SRI.P.M.MUJEEB REHIMAN
RESPONDENT(S):
--------------
1. STATE OF KERALA, REPRESENTED BY
STATION HOUSE OFFICER,
KALAMASSERY POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE MANAGER AXIS BANK LTD.,
ALUVA BRANCH, ERNAKULAM - 682 037.
3. THE MANAGER,
IDBI BANK, ERNAKULAM, PIN - 682 021.
*R4 TO R28 IMPLEADED
4. AJI C. MATHEW, S/O.C.M. MATHEW,
CHENNAKKATTEL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
5. SABU. V.P., S/O.V.K. POULOSE,
VAISIANPARAMBIL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
6. GEORGE. P.V., S/O.P.A. VARKEY,
PAINUMKAL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
Crl.MC.No. 3299 of 2011
-----------------------
7. BENNY JOSEPH, VAISIANPARAMBIL HOUSE,
KANDANAD.P.O., THIRUVAMKULAM,
ERNAKULAM DISTRICT.
8. ELDHO C. MATHEW, S/O.C.M. MATHEW,
CHENNAKKATTEL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
9. ALEYAMMA MATHEW, D/O.KURIAN,
CHENNAKKATTEL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
10. JOSEPH P.V., S/O.P.A. VARKEY,
PAINUMKAL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
11. ROSLY GEORGE, W/O.P.V. GEORGE,
PAINUMKAL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
12. KURIAN P.C., S/O.P.M. CHERIAN,
PAREKUDIYIL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
13. TREESA PAPPACHAN, W/O.A.K. PAPPACHAN,
ARAKKATHAZHATH HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
14. THANKAMMA MAMACHAN, W/O.MAMACHAN,
PALUPARAMBIL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
15. P.C. VARGHESE, S/O.P.V. CHACKOCHAN,
PADAPURACKAL HOUSE, PATTANCHERRY ROAD,
POONITHURA.P.O., ERNAKULAM DISTRICT.
16. JOHN CHERIAN, S/O.V.C. CHERIAN,
VAISIANPARAMBIL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
17. JOYIS KURIAN, S/O.K.J. KURIAKOSE,
KANDAKKATTU THADATHIL, PAINGARAPPILLY.P.O.,
MULAMTHURUTY, ERNAKULAM DISTRICT.
18. NISHA RAJAN, D/O.RAJAN GEORGE,
KULAMKANDATHIL HOUSE, PAINGARAPPILLY.P.O.,
THURUTHIKARA, MULAMTHURUTY, ERNAKULAM DISTRICT.
19. SOJA PAPPACHAN, D/O.PAPPACHAN,
THUNDIAN HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
20. JOHNSON ZACHARIAS, S/O.SKARIA,
THUNDIAN HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
21. SANOJ JOSEPH, S/O.K.M. JOSEPH,
KUNNEL HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
Crl.MC.No. 3299 of 2011
-----------------------
22. T.P. THAMPI, S/O.POULOSE,
THUNDIAN HOUSE, KANDANAD.P.O.,
THIRUVAMKULAM, ERNAKULAM DISTRICT.
23. MAJU K.T., KUNNAMKULATHIL,
KULAYATTIKKARA.P.O., MITHRAPURAM,
ARAYANKAVU, KANJIRAMATTOM, ERNAKULAM DISTRICT.
24. ABDUL JABBAR K.I., S/O.JABBAR,
AGED 57 YEARS, RIYA MANZIL, MUNDDAMPALAM,
THRIKKAKARA, ERNAKULAM DISTRICT.
25. JACKSON JOY, PUTHENCHAKKALAKAL HOUSE,
NETTOOR, MARADU, ERNAKULAM DISTRICT.
26. C.N. RADHAKRISHNAN, CHIRAYIL HOUSE,
VADUTALA, ERNAKULAM DISTRICT.
27. JOMON E.K., EDATHAT HOUSE, CHENGALOOR - 680 312.
28. BIJI ABRAHAM, 27/4510, PULIYILATHU HOUSE,
PERUMANOOR, THEVARA, ERNAKULAM DISTRICT.
ADDL. R4 TO R28 ARE IMPLEADED AS PER ORDER
DATED 04.04.2012 INCRL.M.A.1822/2012.
**R29 TO R33 IMPLEADED
29. THEYOFILA A.S., AGED 48 YEARS,
D/O.LATE A.V. SEBASTIAN,
ALAPPATTU HOUSE, MEMADANGU.P.O.,
MUVATTUPUZHA, ERNAKULAM, PIN - 686 672.
30. ROY JOSEPH, AGED 49 YEARS, S/O.JOSEPH,
VATTAKUNNEL HOUSE, KUTHUKUZHY.P.O.,
KOTHAMANGALAM, PUIN - 686 691.
31. ANICE GEORGE, AGED 61 YEARS,
W/O.GEORGE, PUTHANKUNNEL HOUSE,
KADALIKKADU.P.O., MUVATTUPUZHA, PIN - 686 670.
32. BASIL JACOB, AGED 38 YEARS, S/O.JACOB,
KATTACHIRAYL HOUSE,NEDUMKANDAM,
IDUKK, PIN - 685 553.
33. AUGUSTIAN K.J., AGED 64 YEARS,
S/O.JOSEPH T., MANGALATHIL HOUSE,
NJANDUPARA, POOVARANI, KOTTAYAM, PIN - 686 577.
ADDL. R29 TO R33 ARE IMPLEADED AS PER ORDER
DATED 21.01.2013 INCRL.M.A.7537/2012.
#ADDL. R34 IMPLEADED
34. M.J. MANI, S/O.LATE JOSEPH,
VALIAVEETTIL HOUSE, PERUMBIKKAD.P.O., KOTTAYAM.
ADDL. R34 IS IMPLEADED AS PER ORDER
DATED 21.01.2013 INCRL.M.A.7568/2012.
Crl.MC.No. 3299 of 2011
-----------------------
##ADDL. R35 & R6 IMPLEADED
35. SURESH P.K., AGED 44 YEARS,
S/O.KUTTALAM KALAYIL ACHARI, MANGLAVIL,
ETTUMANOOR.P.O., KOTTAYAM, KERALA - 686 631.
36. LEKHA RADHAKRISHNAN, AGED 39,
W/O.RADHAKRISHNAN, PATTATHIVALEL, MALAM,
VIJAYAPURAM, KOTTAYAM DISTRICT.
37. ATHIRA RADHAKRISHNAN,
AGED 12 YEARS, D/O.RADHAKRISHNAN,
PATTATHIVALEL, MALAM, VIJAYAPURAM,
KOTTAYAM DISTRICT, MINOR, REPRESENTED BY
NATURAL GUARDIAN RADHAKRISHNAN, AGED 49 YEARS,
S/O.BALAKRISHNAN, PATTATHIVALEL, 2 MALAM,
VIJAYAPURAM, KOTTAYAM DISTRICT.
ADDL. R5 TO R37 ARE IMPLEADED AS PER ORDER
DATED 07.02.2013 IN CRL.M.A.1441/2013.
$ ADDL. R38 & R39 IMPLEADED
38. ANTONY K.D., KUTHUKATTU HOUSE,
EDAVANAKKAD.P.O., THAMARAVATTOM,
PAYYAPPALLY, ERNAKULAM DISTRICT.
39. BINZA SUNIL, VALLYATHU (H),
PADINJAREKKARA.P.O., VALLAKOM, VAIKKOM,
KOTTAYAM DISTRICT.
ADDL. R38 & R39 ARE IMPLEADED AS PER ORDER
DATED 26.02.2013 IN CRL.M.A.1720/2013.
$$ ADDL.R40 IMPLEADED
40. SIVARAJAN .N., S/O.P.N. NARAYANAN,
KAVADA HOUSE, MARADU.P.O., THRIPPUNITHURA,
ERNAKULAM DISTRICT - 682 304.
ADDL. R40 IS IMPLEADED AS PER ORDER DATED 04.03.2013
IN CRL.M.A.2036/2013.
Crl.MC.No. 3299 of 2011
-----------------------
+ ADDL.R41 IMPLEADED
41. MOHAMMED ALI, S/O.BAVAKUNJU,
AGED 45 YEARS, KOTTALAKUDY HOUSE,
KUMMANADU, PATTIMATTOM.P.O., PIN - 683 562.
ADDL. R41 IS IMPLEADED AS PER ORDER
DATED 11.03.2014 IN CRL.M.A.1772/2014.
R1 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA
R2 BY ADVS. SRI.MADHU RADHAKRISHNAN
SRI.P.RADHAKRISHNAN (1)
R3 BY ADV. SMT.R.REMA
ADDL.R4 TO R23 BY ADV. SRI.N.ASHOK KUMAR
SRI.N.C.SAJITH
ADDL R24 TO R28 BY ADV. SRI.NIREESH MATHEW
ADV. SRI.M.G.KARTHIKEYAN
ADDL.R29 TO R33 BY ADV. SRI.THOMAS M.JACOB
BY ADV. SRI.AKHIL K.MADHAV
SRI.T.R.JERRY SEBASTIAN
ADDL.R34 BY ADV. SRI.GOKUL DAS V.V.H.
ADDL. R37 & R37 BY ADV. SRI.T.P.SANTHOSH KUMAR
BY ADV. SMT.T.SUJA
ADDL.R38 AND R39 BY ADV. SRI.GEORGE ZACHARIAH ERUTHICKEL
ADDL.R40 BY ADV. SRI.M.C.GOPI
ADDL.R41 BY ADV. SRI.K.B.RAJESH
BY ADV. SRI.R.SANJITH
ADDL. BY ADV. SRI.SHIRAS ALIYAR
BY ADV. SMT.M.CHANDRALEKHA(ADVOCATE COMMISSIONER)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 02-07-2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
Crl.MC.No. 3299 of 2011
-----------------------
APPENDIX
PETITIONERS' ANNEXURES:
----------------------
ANNEXURE A1 : TRUE COPY OF THE ORDER DATED 14.1.2011 OF THE
JUDL. FIRST CLASS MAGISTRATE COURT-II, ALUVA.
ANNEXURE A2 : TRUE COPY OF ORDER DATED 31.1.2011 IN CRL.M.C.169/2011
OF HON'BLE HIGH COURT OF KERALA.
ANNEXURE A3 : A TRUE COPY OF THE ORDER DATED 4.3.2011 IN CRL.M.P.307/2011.
ANNEXURE A4 : TRUE COPY OF THE ORDER DATED 1.4.2011 IN CRL.M.P.619/2011.
ANNEXURE A5 : TRUE COPY OF THE ORDER DATED 20.5.2011 IN CRL.M.P.877/2011.
ANNEXURE A6 : TRUE COPY OF THE ORDER DATED 23.5.2011 IN CRL.M.P.863/2011.
ANNEXURE A7 : TRUE COPY OF THE ORDER DATED 6.6.2011 IN CRL.M.P.990/2011.
ANNEXURE A8 : TRUE COPY OF THE PETITION VIDE CRL.M.P.1610/2011.
ANNEXURE A9 : TRUE COPY OF THE ORDER DATED 18.7.2011 IN CRL.M.P.1610/2017.
ANNEXURE A10: TRUE COPY OF THE CHARGE SHEET IN C.C.NO.43/2011.
CRL.MA.1712/2013
-----------------
ANNEXURE A1 : TRUE COPY OF RECEIPTS ISSUED FROM NAVADHANYAM FARMS AND
PLANTATIONS PVT. LTD. DATED 5.11.2010 AND 19.11.2010.
ANNEXURE A2 : COPY OF CERTIFICATES ISSUED FROM KARSHAKA TO RANI BIJU.
ANNEXURE A3 : COPY OF CERTIFICATES ISSUED FROM KARSHAKA TO ROBERT K.T.
RESPONDENTS' ANNEXURES:
----------------------
(CRL.MA.7568/2012)
------------------
ANNEXURE R4A SERIES: TRUE COPY OF THE RECEIPTS (SEVEN IN NUMBER)
ISSUED TO THE PETITIONER HEREIN.
CRL.MA.1720/2013
----------------
ANNEXURE R4A: TRUE COPY OF THE RECEIPTS (8 NOS.) ISUED TO THE
PETITIONERS BY THE 1ST RESPONDENT.
ANNEXURE R5A: TRUE COPY OF THE RECEIPTS (2 NOS.) ISSUED TO
THE PETITIONERS BY THE 2ND RESPONDENT HEREIN.
Crl.MC.No. 3299 of 2011
-----------------------
CRL.M.A.2036/2013
-----------------
ANNEXURE R1 : TRUE COPY OF THE RECEIPT DATED 7.12.2010 ISSUED BY
THE 1ST RESPONDENT TO THE PETITIONER.
ANNEXURE R2 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE COMPANY
DATED 9.12.2010 TO THE PETITIONER.
CRL.M.A.2358/2013
-----------------
ANNEXURE R4A: TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER HEREIN.
CRL.M.A.6107/2013
-----------------
ANNEXURE R4A SERIES: TRUE COPY OF THE MARRIAGE INVITATION CARD.
CRL.M.A.1772/2014
-----------------
ANNEXURE R1 : TRUE COPY OF THE RECEIPT ISSUED BY THE NAVADHANYAM
FARMS AND PLANTATIONS PVT. LTD., DATED 22.11.2010 IN
FAVOUR OF PETITIONER HEREIN.
ANNEXURE R2 : TRUE COPY OF THE PAY IN SLIP ISSUED BY THE AXIS BANK LTD.
THRIKKAKARA, KAKKANAD BRANCH SHOWING THE REMITTANCE OF
RS.30,000/- DATED 20.11.2010.
ANNEXURE R3 : TRUE COPY OF THE PAY IN SLIP ISSUED BY THE
AXIS BANK LTD, THRIKKAKARA, KAKKANAD BRANCH SHOWING
THE REMITTANCE OF RS.70,000/- DATED 22.11.2010.
CRL.M.A.2876/2015
------------------
ANNEXURE R1 : TRUE COPY OF THE RECEIPT ISSUED BY THE NAVADHANYAM
FARMS AND PLANTATIONS PVT. LTD., DATED 28.7.2010 IN
FAVOUR OF PETITIONER HERIN.
CRL.M.A.6629/2015
-----------------
ANNEXURE R1 : TRUE COPY OF THE RECEIPT ISSUED BY THE NAVADHANYAM FARMS
AND PLANTATIONS PVT. LTD., DATED 06.12.2010 IN FAVOUR OF
PETITIONER HEREIN.
ANNEXURE R2 : TRUE COPY OF THE RECEIPT ISSUED BY THE FEDERAL BANK LTD
DATED 6.12.2010.
ANNEXURE R4(1): TRUE COPY OF RECEIPT NO.4104 AND 4105 DATED 9.11.2010
ISSUED TO 1ST PETITIONER.
ANNEXURE R4(2): TRUE COPY OF RECEIPTS NO.6560 AND 6561 DATED 6.12.2010
ISSUED TO 2ND PETITIONER.
ANNEXURE R4(3): TRUE COPY OF RECEIPTS NO.6852 DATED 25.11.2010 AND
RECEIPT NO.7220 DATED 3.12.2010 ISSUED TO 3RD PETITIONER.
Crl.MC.No. 3299 of 2011
-----------------------
ANNEXURE R4(4): TRUE COPY OF RECEIPT NO.4938 DATED 6.12.2010 ISSUED TO
4TH PETITIONER.
ANNEXURE R4(5): TRUE COPY OF RECEIPT NO.4110 DATED 24.11.2010 & RECEIPT
NO.4111 DATED 25.11.2010 ISSUED TO 5TH PETITIONER.
ANNEXURE R4(6): TRUE COPY OF RECEIPT NO.6848 DATED 24.11.2010 ISSUED TO
6TH PETITIONER.
ANNEXURE R4(7): TRUE COPY OF RECEIPT NO.6851 DATED 25.11.2010,
RECEIPT NO.6850 DATED 26.11.2010 & RECEIPT NO.7219
DATED 3.12.2010 ISSUED TO 7TH PETITIONER.
ANNEXURE R4(8): TRUE COPY OF RECEIPT NO.6853 DATED 25.11.2010,
RECEIPT NO.6854 DATED 26.11.2010 & RECEIPT NO.7221
DATED 3.12.2010 ISSUED TO 8TH PETITIONER.
ANNEXURE R4(9): TRUE COPY OF RECEIPT NO.6855 DATED 26.11.2010 & RECEIPT
NO.6856 DATED 1.12.2010 ISSUED TO 9TH PETITIONER.
ANNEXURE R4(10): TRUE COPY OF RECEIPT NO.7222 DATED 3.12.2010 ISSUED TO
10TH PETITIONER.
ANNEXURE R4(11): TRUE COPY OF RECEIPT NO.6859 DATED 2.12.2010 ISSUED TO
11TH PETITIONER.
ANNEXURE R4(12): TRUE COPY OF RECEIPT NO.6863 DATED 6.12.2010 ISSUED TO
12TH PETITIONER.
ANNEXURE R4(13): TRUE COPY OF BANK RECEIPT DATED 9.12.2010 ISSUED BY FEDERAL
BANK LIMITED TO 13TH PETITIONER.
ANNEXURE R4(14): TRUE COPY OF RECEIPT NO.6664 DATED 20.11.2010, RECEIPT
NO.6565 DATED 20.11.2010, RECEIPT NO.4686 DATED 20.11.2010
& RECEIPT NO.6567 DATED 3.12.2010 ISSUED TO 14TH PETITIONER.
ANNEXURE R4(15): TRUE COPY OF RECEIPT NO.6568 DATED 20.11.2010, RECEIPT
NO.6569 DATED 20.11.2010 & RECEIPT NO.6570 DATED 3.12.22010
ISSUED TO 15TH PETITIONER.
ANNEXURE R4(16): TRUE COPY OF RECEIPT NO.4682 DATED 9.11.2010 & RECEIPT
NO.4683 DATED 20.11.2010 ISSUED TO 16TH PETITIONER.
ANNEXURE R4(17): TRUE COPY OF RECEIPT NO.4681 DATED 8.11.2010, RECEIPT
NO.4687 DATED 3.12.2010 & RECEIPT NO.6562 DATED 7.12.2010
ISSUED TO 17TH PETITIONER.
ANNEXURE R4(18): TRUE COPY OF RECEIPT NO.6861 DATED 6.12.2010 & RECEIPT
NO.4886 DATED 6.12.2010 ISSUED TO 18TH PETITIONER.
ANNEXURE R4(19): TRUE COPY OF RECEIPT NO.4684 DATED 9.11.2010 & RECEIPT
NO.4685 DATED 11.11.2010 ISSUED TO 19TH PETITIONER.
ANNEXURE R4(20): TRUE COPY OF RECEIPT NO.6563 DATED 7.12.2010 ISSUED TO
20TH PETITIONER.
/TRUE COPY/
P.S.TO JUDGE
mbr/
18.07.2018.
K.ABRAHAM MATHEW, J.
------------- - - - - - - - - - - - - - - - - -
Crl.M.C.No. 3299 of 2011
-----------------------------
Dated this the 02nd day of July, 2018
ORDER
The petitioners are the accused in C.C.43 of 2011 on the file of the Judicial First Class Magistrate Court -II, Aluva which is now pending on the file of the Chief Judicial Magistrate, Ernakulam as C.C.No.220 of 2011. They are alleged to have committed the offence under Section 4 of the Prize Chits & Money Circulation Scheme (BANNING) Act. The Bank account of the first petitioner company was frozen by the investigating officer. The petitioners filed Annexure A8 application to release the order freezing the account. That was dismissed by Annexure A9 order by the learned Magistrate. The prayer in this Crl.M.C is to set aside the order and allow Annexure A8 application.
2. There is no representation for the petitioners. Heard the learned counsel for some of the respondents and the Advocate Commissioner and the learned Public Prosecutor.
3. It is submitted that the case has already been taken up for trial. The learned counsel for the Axis Bank with whom the first petitioner maintains an account submits that it will abide by the order that will be passed by the trial court. The Advocate Crl.M.C.No. 3299 of 2011 2 Commissioner has already been discharged. It is only proper that the question of lifting the order to freeze the account is considered by the trial court at the end of the trial.
In the result this Crl.M.C is disposed of directing the trial court to consider the question of lifting the order of freezing the account maintained by the first petitioner the AXIS Bank, Aluva Branch.
Sd/-
K.ABRAHAM MATHEW, JUDGE //True Copy// PA TO JUDGE SMA Crl.M.C.No. 3299 of 2011 3 Crl.M.C. Order Crl.M.C.No. 3299 of 2011 4 K.ABRAHAM MATHEW, J.
------------- - - - - - - - - - - - - - - - - -
Crl.M.C.No. 3299 of 2011
-----------------------------
Dated this the 02nd day of July, 2018 ORDER The Advocate Commissioner is present in person. She submits that her work is complete and she may be discharged. I have perused the report. She was appointed in 2012 so far she has been paid only about Rs.1,00,000/- (Rupees One lakh only). At the same time she has spent amount to meet certain expenses also. Having regard to all these facts, she will be paid Rs.2,00,000/- (Rupees Two lakh only) more as additional remuneration. It will be paid by the Axis Bank, Aluva Branch from the account maintained by the Navadanyam Farms and Plantation private limited. She is discharged.
K.ABRAHAM MATHEW, JUDGE SMA