Kerala High Court
K.Sreekumar vs State Of Kerala on 4 December, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:92012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 4TH DAY OF DECEMBER 2024 / 13TH AGRAHAYANA, 1946
CRL.MC NO. 11147 OF 2023
CRIME NO.1402/2023 OF ALUVA EAST POLICE STATION, Ernakulam
PETITIONER/ACCUSED:
K.SREEKUMAR
AGED 60 YEARS
S/O K.KUNHIKRISHNAN NAMBIAR (LATE), CHANDNI,
AMBATTUKAVU, THAIKKATTUKARA P.O, ALUVA, ERNAKULAM
DISTRICT, PIN - 683106
BY ADVS.
T.K.AJITH KUMAR
VARNIBHA.T
HARITHA S.
P.DEEPAK (SR.)(K/175/1996)
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER
ALUVA POLICE STATION, ALUVA PO, ERNAKULAM DT., PIN -
683101
3 KIRAN GOPAKUMAR
AGED 36 YEARS
DIRECTOR, BUSINESS DEVELOPMENT, SSQUAD INFORMATION
SYSTEMS PRIVATE LIMITED, DOOR NO. 15/320/A, SSQUAD
TOWER, AMABTTUKAVU, THAIKKATTUKARA POST, ALUVA,
ERNAKULAM DT., PIN - 683106
2024:KER:92012
Crl.M.C.No.11147 of 2023
2
BY ADVS.
RIJO DOMY
RISHAB S.(K/000757/2019)
SOJAN JAMES(K/247/1989)
V.R.GOPU
URMILA.M.G(K/1244/2020)
SRI. C.S. HRITHWIK, SR.PP.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
04.12.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:92012
Crl.M.C.No.11147 of 2023
3
ORDER
Dated this the 4th day of December, 2024 It is informed that the crime registered against the petitioner was referred as undetected and notice has been served on the defacto complainant/3rd respondent.
The Crl.M.C. is hence closed, reserving the 3rd respondent's right to seek appropriate remedy.
Sd/-
V.G.ARUN JUDGE SSK/04/12 2024:KER:92012 Crl.M.C.No.11147 of 2023 4 APPENDIX OF CRL.MC 11147/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE COMPLAINT DATED 9.12.2021.
Annexure 2 TRUE COPY OF THE FIR AND COMPLAINT CRIME NO. 2162/2021 ON 15/12/2021 OF ALUVA EAST POLICE STATION.
Annexure 3 TRUE COPY OF THE JUDGMENT IN O.P. 3125/ 2021 DATED 21.2.2023 OF FAMILY COURT, ERNAKULAM.
Annexure 4 TRUE COPY OF THE JUDGMENT IN O.P.1953/2022 DATED 21.2.2023 OF FAMILY COURT, ERNAKULAM.
Annexure 5 TRUE COPY OF THE JUDGMENT IN O.P.411/2022 DATED 21.2.2023 OF FAMILY COURT, ERNAKULAM.
Annexure 6 TRUE COPY OF THE JUDGMENT IN CRL.M.C.2582/2022 DATED 22.8.2022.
Annexure 7 TRUE COPY OF THE COMPLAINT DATED 6.7.2023.
Annexure 7(a) READABLE COPY OF ANNEXURE-7.
Annexure 8 TRUE COPY OF THE REPORT DATED 20.7.2023 RECEIVED BY THE PETITIONER UNDER THE RTI ACT.
Annexure 9 TRUE COPY OF THE COMPLAINT DATED 23.6.2023 SUBMITTED BY 3RD RESPONDENT.
Annexure 10 CERTIFIED COPY OF THE COMPLAINT DATED 12.10.2023 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.
2024:KER:92012 Crl.M.C.No.11147 of 2023 5 Annexure 11 CERTIFIED COPY OF THE FIR IN CRIME NO.
1402/2023 DATED 13.10.2023 REGISTERED AT ALUVA POLICE STATION.
RESPONDENT ANNEXURES Annexure R3(a) True copy of the IBM Form for change of bank account submitted by the Ssquad to be HSBC bank dated nil.
Annexure R3(b) True copy of the notice of resignation sent by Mr.Sathyanarayanan.G.Nair through e-mail dated 11.10.2018.
Annexure R3(c) True copy of the e-mail sent by the petitioner from his official e-mail ID to his personal ID regarding sharing of salary certificate dated 25.11.2021 Annexure R3(d) True copy of the e-mail sent by the petitioner from his official e-mail ID to his personal ID regarding Philippines expenses incurred dated 18.7.2021 Annexure R3(e) True copy of the e-mail sent by the petitioner from his official e-mail ID to his personal ID regarding sharing of Ssquad's Payroll Report dated 25.8.2021 Annexure R3(f) True copy of the e-mail sent by the petitioner from his official e-mail ID to his personal ID regarding sharing of statement for onward transmission to Singapore Auditors dated 07.04.2021 Annexure Re(g) True copy of the intimation of access by the petitioner to the official e-mail account of the Ssquad dated 4.4.2023 2024:KER:92012 Crl.M.C.No.11147 of 2023 6 Annexure R3(h) true copy of the complaint filed by the 3rd respondent against petitioner to the 2nd respondent dated 12.10.2023 Annexure R3(i) True copy of the FIR in Crime No.1402/2023 of Aluva Police Station dated 13.10.2023 PETITIONER ANNEXURES Annexure 12 True copy of the IBM Form for Change of Bank Account of Ssquad Limited received from the inquiry officer of Indian Bank.
Annexure 13 True copy of the memorandum of Crl.M.C, 2582/2022.
Annexure 14 True copy of the judgment dated 26.7.2022 in WP(C) No. 29954/ 2021.
Annexure 15 True copy of the resignation letter of Neelima Sreekumar Nambiar dated 12.7.2022.
Annexure 16 True copy of the resignation letter of Kunhikrishnan Nambiar dated 12.7.2022.
Annexure 17 True copy of the report dated 13.11.2023, submitted by the Inspector of Aluva East Police Station.
Annexure 18 True copy of the original petition in O.P.1137/20.23 of the Family Court, Aluva RESPONDENT ANNEXURES Annexure R3(j) TRUE COPY OF THE EXPERT OPINION SIGNATURE EXAMINATION GIVEN BY THE PROAXIS SOLUTIONS DATED 3.9.2024.
2024:KER:92012 Crl.M.C.No.11147 of 2023 7 Annexure R3(k) TRUE COPY OF THE DIGITAL FORENSICS EXAMINATION REPORT WITH CERTIFICATE UNDER SECTION 65 B OF THE INDIAN EVIDENCE ACT HANDED OVER TO THE 3RD RESPONDENT BY THE PROAXIS SOLUTIONS DATED 2.9.2024 Annexure R3(l) THE E-MAIL SENT BY THE PROAXIS SOLUTIONS TEAM TO THE 3RD RESPONDENT OUTLINE THE KEY FINDINGS DATED 10.9.2024.
Annexure R3(m) TRUE COPY OF THE LETTER SUBMITTED BY THE 3RD RESPONDENT SHOWING THAT THE LAPTOP AND HDD WERE RECEIVED BY SHO, ALUVA EAST ON BEHALF OF THE RURAL DEPUTY SUPERINTENDENT OF POLICE, ALUVA DATED 11.9.2024.
Annexure R3(n) TRUE COPY OF THE NOTICE DATED 18.11.2024 ISSUED BY THE INSPECTOR OF POLICE, ALUVA EAST POLICE STATION IN CRIME NO.1402/2023 TRUE COPY P.A. TO JUDGE