Kerala High Court
Sathyan T K vs The Superintendent Of Police on 23 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.) Nos.280 & 337 of 2023
and 295 of 2021
1
2025:KER:45645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947
WP(CRL.) NO. 337 OF 2023
CRIME NO.0874/2023 OF Ernakulam Central Police Station,
Ernakulam
ADDRESS OF THE PETITIONER:
VINODKUMAR JACOB
AGED 53 YEARS
S/O P. K JACOB, PAZHOOKUDY HOUSE, RAMALLOOR,
KOTHAMANGALAM (P. O), ERNAKULAM DISTRICT,
PIN - 686691
BY ADVS.
SRI.SHIJU VARGHESE
SHRI.SACHU THOMAS
ADDRESS OF THE RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE
DISTRICT CRIME BRANCH, OFFICE OF THE DISTRICT
CRIME BRANCH, KOTTAYAM, PIN - 686001
2 ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIME)
POLICE HEAD QUARTERS, VAZHUTHACAUDU,
THIRUVANANTHUPURAM, PIN - 695014
3 THE STATION HOUSE OFFICER
CENTRAL POLICE STATION, ERNAKULAM, KOCHI,
PIN - 682031
4 THE CITY POLICE COMMISSIONER/DISTRICT POLICE
CHIEF, KOCHI CITY, ERNAKULAM, KOCHI,
W.P.(Crl.) Nos.280 & 337 of 2023
and 295 of 2021
2
2025:KER:45645
PIN - 682031
5 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO DEPARTMENT OF
HOME, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
BY ADV. SRI.HRITHWIK C.S., SENOIR PUBLIC
PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 23.06.2025, ALONG WITH WP(Crl.).280/2023,
295/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.) Nos.280 & 337 of 2023
and 295 of 2021
3
2025:KER:45645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947
WP(CRL.) NO. 280 OF 2023
CRIME NO.0705/2023 OF Ernakulam Central Police Station,
Ernakulam
ADDRESS OF THE PETITIONERS:
1 SATHYAN T K
AGED 67 YEARS
S/O KESAVAN T S, THEKKEL HOUSE, VELLIYEPPALLY
P.O., MEENACHIL VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN - 686574
2 GIJI THOMAS SEBASTIAN
AGED 51 YEARS
S/O E. J SEBASTIAN, EDATHINAKATHU HOUSE,
KANNIMALA P. O, ERUMELY, KANJIRAPALLY TALUK,
KOTTAYAM DISTRICT, PIN - 686509
3 JOSEPH EMMANUEL
AGED 64 YEARS
S/O THOMAS EMMANUEL, OLICKAL HOUSE, MARIDOM
KARA, KADAPLAMATTOM P O, KOTTAYAM DISTRICT,
PIN - 686571
4 JOSE ANTONY
AGED 49 YEARS
S/O ANTONY JOSE, KALLARACKAL HOUSE, ANAKKAL P.
O, KANJIRAPPALLY., KANJIRAPPALLY TALUK, KOTTAYAM
DISTRICT, PIN - 686508
5 THAMPI P.B
AGED 61 YEARS
S/O P.R BHASKARAN, PARUTHIYAMKUNNEL HOUSE,
W.P.(Crl.) Nos.280 & 337 of 2023
and 295 of 2021
4
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KURAVILANGAD P.O, MEENACHIL TALUK, KURAVILANGAD
VILLAGE/KARA, KOTTAYAM DISTRICT, PIN - 686633
6 AJAYAKUMAR.C K
AGED 49 YEARS
S/O C.N.KUTTAPPAN., CHERIYIL HOUSE, KUMMANODE,
PATTIMATTOM P O, ERNAKULAM DISTRICT,
PIN - 683562
BY ADVS.
SRI.SHIJU VARGHESE
SHRI.SACHU THOMAS
ADDRESS OF THE RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE
DISTRICT CRIME BRANCH, OFFICE OF THE DISTRICT
CRIME BRANCH, KOTTAYAM, PIN - 686001
2 ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIME)
POLICE HEAD QUARTERS, VAZHUTHACAUDU,
THIRUVANANTHUPURAM, PIN - 695014
3 THE STATION HOUSE OFFICER
CENTRAL POLICE STATION, ERNAKULAM, KOCHI,
PIN - 682031
4 THE CITY POLICE COMMISSIONER/DISTRICT POLICE
CHIEF, KOCHI CITY, ERNAKULAM, KOCHI,
PIN - 682031
5 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO DEPARTMENT OF
HOME, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
BY ADVS.
SRI.S.RAJEEV
SHRI.PRERITH PHILIP JOSEPH
W.P.(Crl.) Nos.280 & 337 of 2023
and 295 of 2021
5
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SHRI.ANILKUMAR C.R.
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SR PP, SRI HRITHWIK C S,
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 23.06.2025, ALONG WITH WP(Crl.).337/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.) Nos.280 & 337 of 2023
and 295 of 2021
6
2025:KER:45645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947
WP(CRL.) NO. 295 OF 2021
PETITIONERS:
1 K.T.THOMAS
AGED 59 YEARS
S/O THOMAS, KALIYANIL HOUSE, KARIKKATTOOR,
MANIMALA, KOTTAYAM -686544.
2 JOSE T THOMAS
S/O THOMAS, THAMBALAKKADU HOUSE, KAVIKKATTOOR,
MANIMALA, KOTTAYAM.
3 BABUMON SEBASTIAN
S/O K J DEVASSIA, VAYALIL HOUSE, VADAKARA KARA,
VELLAVOOR VILLAGE, KOTTAYAM.
4 BIJUMON V.S.
S/O V N SUKUMARN, VENTHARA HOUSE, KARIKKATTOOR,
MANIMALA.
5 JAIMON XAVIER
THAZHATHUVEETIL , KARIKKATTOOR, MANIMALA,
KOTTAYAM.
6 SHIBUMON SEBASTIAN
S/O K J DEVASIA, VAYALIL HOUSE, CHERUVALLY P.O,
KOTTAYAM.
7 K P MURALEEDHARAN
S/O K.P.PARAMU, MULLASSERIL HOUSE, POTHENPUZHA,
KOTTAYAM DISTRICT.
8 T M JOSEPH
W.P.(Crl.) Nos.280 & 337 of 2023
and 295 of 2021
7
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S/O T M MANI, THARAPPEL HOUSE, KARIKKATTOOR
CENTRE, MANIMALA, KOTTAYAM.
BY ADVS.
SHRI.C.S.MANILAL
SRI.S.NIDHEESH
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE
DISTRICT CRIME BRANCH, OFFICE OF THE DISTRICT
CRIME BRANCH, KOTTAYAM-686001.
2 THE DETECTIVE INSPECTOR
OFFICE OF THE DISTRICT CRIME BRANCH,
KOTTAYAM-686001.
3 ADDITIONAL GENERAL OF POLICE (CRIME)
POLICE HEAD QUARTERS, VAZHUTHACAUDU,
THIRUVANANTHAPURAM-695014.
BY ADV.
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 23.06.2025, ALONG WITH WP(Crl.).337/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.) Nos.280 & 337 of 2023
and 295 of 2021
8
2025:KER:45645
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) Nos.280 & 337 of 2023 and 295 of 2021
-------------------------------
Dated this the 23rd day of June, 2025
JUDGMENT
These Writ Petitions (Crl.) are connected and therefore I am disposing of these Writ Petitions by a common judgment.
2. The petitioners in these cases are the victims of an en masse cheating. The prime accused persons are one Mr.Omanakuttan, S/o Kuttappan, his wife Sini Omanakuttan, his son Sarath and two close friends of them namely, Prabhakaran and Sali. The case of the petitioners is that the accused persons claimed to be NRI's and caused the petitioners to believe that they have formed three companies namely Avatar Animation Limited, Soorya Gaya Traders Private Limited and Celebres Commodities Private Limited. It was also made the W.P.(Crl.) Nos.280 & 337 of 2023 and 295 of 2021 9 2025:KER:45645 petitioners to believe that the three companies are engaged in the online commodity trading and marketing and that the 1st accused had obtained expertise in the kind of business from the National Institute of Marketing and that the company in which the 1st accused is the Director is having membership in the National Multi Commodity Exchange of India Limited and also mislead that these companies are having approval from the Securities and Exchange Board of India and is also having registration with the National Stock Exchange of India. On account of the enticement and inducement, the victims invested huge amount. But, the accused cheated the petitioners and others. Several cases are registered against the accused at different police stations and the investigation is now conducted by the Crime Branch (Economic Offence Wing), Kottayam and Idukki Unit. The grievance of the petitioners is that in several cases, final report is filed even without arresting the main accused. Unless these persons were arrested, the entire materials cannot be W.P.(Crl.) Nos.280 & 337 of 2023 and 295 of 2021 10 2025:KER:45645 brought to the notice of the court. Counsel for the petitioners in W.P.(Crl.) No.295/2021 submitted that the main accused are now abroad and no steps are being taken by the investigating authority to bring them back. The counsel also relied on Ext.P7 guidelines produced in W.P.(Crl.) No.295/2021 issued by the Government of India which deals about the guidelines to be followed in such situation.
3. The Public Prosecutor submitted that the investigation in 25 cases are over, and the final report is filed. It is also submitted that the steps were taken to issue Red Corner Notice as far as the absconding accused are concerned. It is also submitted that, Look Out Notice is also issued as far as accused Nos.1, 3 and 4 are concerned.
4. This Court considered the contentions of the petitioners and the Public Prosecutor. I think there is some force in the argument of the petitioners. Without getting the main culprits, the investigating authority filed W.P.(Crl.) Nos.280 & 337 of 2023 and 295 of 2021 11 2025:KER:45645 final report. There are procedures to be followed when a person is absconding. According to the petitioners, the absconding accused are in Dubai. The Government of India issued a guideline to be followed in such cases as per Ext.P7 produced in W.P.(Crl.) No.295/2021, is the submission. I am of the considered opinion that the Investigating Officer and the 3 rd respondent in W.P.(Crl.) No.295/2021 shall scrupulously follow Ext.P7 to see that the culprits are deported to India and the case is progressing in a proper manner. Necessary steps shall be taken by the 3rd respondent in W.P.(Crl.) No.295/2021 to see that the absconding accused are deported and they are facing trial.
Therefore, these Writ Petitions (Crl.) are disposed of in the following manner:
1. The Detecting Inspector, Crime Branch (EOW), Kottayam and Idukki Unit and also the Additional Director General of Police (Crime), Police Head Quarters, Vazhuthacaudu, Thiruvananthapuram W.P.(Crl.) Nos.280 & 337 of 2023 and 295 of 2021 12 2025:KER:45645 will see that the absconding accused are deported to India and the investigation is conducted properly in accordance with the law.
2. The Detecting Inspector, Crime Branch (EOW), Kottayam and Idukki Unit and also the Additional Director General of Police (Crime), Police Head Quarters, Vazhuthacaudu, Thiruvananthapuram will strictly follow Ext.P7 guidelines produced in W.P.(Crl.) No.295/2021, if the same is applicable in the facts and circumstances of the case.
3. The Investigating Officer will submit periodical report before the jurisdictional court about the steps taken to arrest the absconding accused.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE DM W.P.(Crl.) Nos.280 & 337 of 2023 and 295 of 2021 13 2025:KER:45645 APPENDIX OF WP(CRL.) 280/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR BEARING NO.705/2023 OF THE CENTRAL POLICE STATION, ERNAKULAM DATED 3.3.2023 Exhibit P2 TRUE COPY OF THE FIR BEARING NO.706/2023 OF THE CENTRAL POLICE STATION, ERNAKULAM DATED 3.3.2023 Exhibit P3 TRUE COPY OF THE FIR BEARING NO.707/2023 OF THE CENTRAL POLICE STATION, ERNAKULAM DATED 3.3.2023 Exhibit P4 TRUE COPY OF THE FIR BEARING NO.719/2023 OF THE CENTRAL POLICE STATION, ERNAKULAM DATED 3.3.2023 Exhibit P5 TRUE COPY OF THE FIR BEARING NO.720/2023 OF THE CENTRAL POLICE STATION, ERNAKULAM DATED 3.3.2023 Exhibit P6 TRUE COPY OF THE FIR BEARING NO.657/2023 OF THE CENTRAL POLICE STATION, ERNAKULAM DATED 25.2.2023 Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN W.P. (CRIMINAL) NO.295/2021 DATED 1.2.2022 Exhibit P8 TRUE COPY OF THE STATEMENT FILED BY THE 2ND RESPONDENT DATED 18.7.2022 Exhibit P9 TRUE COPY OF THE SCREEN SHOT OF THE NOTICE OF THE CLASS CONDUCTED BY THE 2ND ACCUSED Exhibit P10 TRUE COPY OF THE SCREEN SHOT OF LECTURE BY THE 2ND ACCUSED RESPONDENT EXHIBITS Exhibit-R6 A COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE SHO, CENTRAL POLICE STATION ERNAKULAM Exhibit-R6(a) A COPY OF RECEIPT DATED 18.05.2023 W.P.(Crl.) Nos.280 & 337 of 2023 and 295 of 2021 14 2025:KER:45645 APPENDIX OF WP(CRL.) 295/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE F I R IN CRIME NO.394/2018 REGISTERED ON THE BASIS OF TE COMPLAINT FILED BY THE 1ST PETITIONER BY THE THALAYOLAPARAMBU POLICE STATION 2/4/2018.
Exhibit P2 TRUE COPY OF THE F I R IN CRIME
NO.443/2018 REGISTERED BY THE
THALAYOLAPARAMBU POLICE STATION DATED 11/4/2018.
Exhibit P3 TRUE COPY OF THE F I R IN CRIME
NO.444/2018 REGISTERED BY THE
THALAYOLAPARAMBU POLICE STATION DATED 11/4/2018.
Exhibit P4 TRUE COPY OF THE MAHAZAR DATED 7/12/2018 IN CRIME NO.241/CR/KTM/2018. Exhibit P5 TRUE COPY OF THE MAHAZAR DATED 20/2/2019 IN CRIME NO.256/CR/KTM/2018. Exhibit P6 TRUE COPY OF THE MAHAZAR DATED 20/2/2019 IN CRIME NO.255/CR/KTM/2018. Exhibit P7 TRUE COPY OF THE GUIDELINES ISSUED BY THE GOVERNMENT OF INDIA IN THE MATTER OF INVESTIGATION ABROAD IF THE ACCUSED PERSONS HAVE FILED TO THE FOREIGN COUNTRY DATED 31.12.2007.
W.P.(Crl.) Nos.280 & 337 of 2023 and 295 of 2021 15 2025:KER:45645 APPENDIX OF WP(CRL.) 337/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR BEARING NO.
874/2023 OF THE CENTRAL POLICE STATION, ERNAKULAM DATED 14.3.2023 Exhibit P2 TRUE COPY OF THE INTERIM ORDER IN W.P. (CRIMINAL) NO.295/2021 DATED 1.2.2022 Exhibit P3 TRUE COPY OF THE STATEMENT FILED BY THE 2ND RESPONDENT DATED 18.7.2022