Kerala High Court
Benny Thomas vs State Of Kerala on 4 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(CRL.) NO. 1211 OF 2024 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(CRL.) NO. 1211 OF 2024
PETITIONER/S:
1 BENNY THOMAS
AGED 50 YEARS
S/O. THOMAS P M, PARUNTHANOLIL HOUSE, ALUNGAL THAZHE,
NADAVAYAL, WAYANAD DISTRICT, PIN - 670721
2 NOBLE M.A
AGED 42 YEARS
S/O ANDRAYOS, MATAPALLIL HOUSE, KADALAMAD P.O,
KAMBALAKOLLY, WAYANAD DISTRICT-, PIN - 673581
3 MUHAMMADALI SHIHAB
AGED 44 YEARS
S/O AALI, KALATHIL THODI HOUSE, RIPPON,KADACHIKUNNU,
MOOPAINAD, WAYANAD, PIN - 673581
4 JILLS PAUL
AGED 44 YEARS
S/O PAUL, KUDAKKAPILLIL HOUSE, PADIKUNNU , NADAVAYAL,
WAYANAD, PIN - 670721
5 SHAHIR A
AGED 40 YEARS
S/O ABDUL RAHIM, KANNANVILAKATHU VEEDU, 8TH STONE,
KARAKULAM P.O, THIRUVANANTHAPURAM, PIN - 695564
6 MAHESH I.M
AGED 38 YEARS
S/O MADHAVAN PILLAI, INDIRA COTTAGE, MANNUVILAKOM,
VEERALAM, ATTINGAL P.O, THIRUVANANTHAPURAM-, PIN -
695101
WP(CRL.) NO. 1211 OF 2024 2
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7 NISHA N
AGED 40 YEARS
D/O SASIDHARAN NAIR, VEL BHAVAN, OPP.CPT, NEAR ISRO
VNRA-259(C), VATTIYOORKAVU, NETTAYAM,
THIRUVANANTHAPURAM-, PIN - 695013
8 THOMAS A.T
AGED 44 YEARS
S/OA.JTHOMAS, AIKKARAYIL HOUSE, ENCHNANI.P.O,
VATTAKAVU, MUNDAKKAYAM, KOTTAYAM-, PIN - 686512
9 KELVIN JOY
AGED 34 YEARS
S/O. M.VJOY, MADAPPRAMBIL HOUSE, KOLAGAPPARA P.O,
WAYANAD-, PIN - 673591
0 JEESON JOHNY
AGED 32 YEARS
S/O JHONY,VENGINICKALPARAMBIL HOUSE, NADAVAYALP.O,
WAYANAD-, PIN - 670721
11 JITHIN JOSEPH
AGED 25 YEARS
S/O. JOSEPHC.M, CHARIVUKALAYIL HOUSE,
KOCHUKOICKALP.O, SEETHATHODU, PATHANAMTHITTA-, PIN -
689667
BY ADVS.
SHRI.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SHRI.R.ANANTHAPADMANABAN
SHRI.PAUL BABY
SMT.SWATHY A.P.
SMT.THARA ELIZABETH THOMAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
WP(CRL.) NO. 1211 OF 2024 3
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GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM
-, PIN - 695001
2 STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM
-, PIN - 695014
3 DISTRICT POLICE CHIEF
WAYANAD DISTRICT, KERALA, PIN - 670721
4 DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM DISTRICT (RURAL),
THIRUVANANTHAPURAM-, PIN - 695014
5 COMMISSIONER OF POLICE
TRIVANDRUM CITY, THIRUVANANTHAPURAM, PIN - 695001
6 DISTRICT POLICE CHIEF
KOTTAYAM DISTRICT, KERALA -, PIN - 686509
7 THE STATION HOUSE OFFICER
PANAMARAM POLICE STATION, PANAMARAM P.O, WAYANAD-,
PIN - 670721
8 THE STATION HOUSE OFFICER
AMBALAVAYAL POLICE STATION, AMBALAVAYAL P.O,
WAYANAD-, PIN - 673593
9 THE STATION HOUSE OFFICER
MEPPADI POLICE STATION, KALPETTA P.O, WAYANAD -, PIN
- 673577
0 THE STATION HOUSE OFFICER
MUSEUM POLICE STATION, THIRUVANANTHAPURAM -, PIN -
695033
11 THE STATION HOUSE OFFICER
VATTIYOORKAVU POLICE STATION , THIRUVANANTHAPURAM -,
PIN - 695013
12 THE STATION HOUSE OFFICER
ERUMELI POLICE STATION, ERUMELY PO , KOTTAYAM PIN-,
PIN - 686509
WP(CRL.) NO. 1211 OF 2024 4
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13 THE STATION HOUSE OFFICER
MEENANGADI POLICE STATION , MEENANGADI P.O, WAYANAD
-, PIN - 673591
14 THE STATION HOUSE OFFICER
CHITTAR POLICE STATION, CHITTAR P.O., PATHANAMTHITTA
DISTRICT, KERALA -, PIN - 689662
15 DOLSY JOSEPHINE
AGED 45 YEARS
W/O SAJU SIMON, MANAGING DIRECTOR, BROOKE PORT TRAVEL
LOGISTICS PVT LTD, SASTHAMANGALAM,
THIRUVANANTHAPURAM. RESIDING AT ANAMALA HOUSE,
LEKSHMI NAGAR,PATTOM P.O, KAVADIYAR VILLAGE,
THIRUVANANTHAPURAM, PIN - 695010
16 SAJU SIMON
ANAMALA HOUSE, LEKSHMI NAGAR ,PATTOM.P.O, KAVADIYAR
VILLAGE, THIRUVANANTHAPURAM, PIN - 695003
17 ROHITH SAJU
S/O SAJU SIMON, ANAMALA HOUSE, LEKSHMI NAGAR, PATTOM
P.O, KAWDIAR VILLAGE, THIRUVANANTHAPURAM, PIN -
695003
BY ADVS.
PUBLIC PROSECUTOR
DIRECTOR GENERAL OF PROSECUTION
SHRI.P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
PROSECUTOR
SHRI.SAJJU.S., SENIOR G.P.
OTHER PRESENT:
SRI P NARAYANAN
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 04.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(CRL.) NO. 1211 OF 2024 5
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P.V.KUNHIKRISHNAN, J
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W.P. (Crl.) No. 1211 of 2024
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Dated this the 4th day of June, 2025
JUDGMENT
The above writ petition is filed with following prayers :
i. "issue a writ of mandamus or any other appropriate writ, order, or direction commanding respondents 1 and 2 to constitute a Special Investigation Team (SIT) under the leadership of a Senior Police Officer not below the rank of District Police Chief to conduct a thorough and impartial investigation in the criminal cases now registered in various police stations pursuant to the criminal complaints filed by the petitioners against respondents 15,16 and 17 for the heinous criminal offences committed by them;
ii. direct the SIT to recover amounts fraudulently obtained by the respondents from the petitioners and their accomplices by proceeding against their bank accounts and other properties ;
iii. direct the respondents to return any documents or identification materials, including passports, unlawfully retained from the petitioners;
iv. dispense with the translation of the documents produced in the vernacular language; and v. grant all other reliefs deemed fit and proper to grant WP(CRL.) NO. 1211 OF 2024 6 2025:KER:39679 in the facts and circumstances of this case." [sic]
2. The petitioners are the victims of a financial fraud. The petitioners were offered job at abroad and huge amount was collected by a company name 'Brooke Port Travel Logistics Pvt. Ltd.' It is stated that several cases are registered against the same company and these cases are pending at different parts of the state. According to the petitioners, these cases are to be investigated by one agency and a special investigation team is to be constituted. The Public Prosecutor submitted that the investigation in the cases are now conducted by different agencies. The petitioners already submitted Ext.P1 before the State Police Chief and the same will be considered in accordance with law. If that is the case, there can be a direction to the State Police Chief, who is respondent No.2 to consider Ext.P1 and take appropriate steps in accordance with law. The State Police Chief will also issue necessary instructions to the investigating officers to catch the culprits immediately.
WP(CRL.) NO. 1211 OF 2024 7
2025:KER:39679 Therefore, this writ petition is disposed of with the following directions :
1) The 2nd respondent is directed to consider Ext.P1 and take appropriate steps in it, in accordance with law and communicate the decision taken in it to the petitioner within one month from the date of receipt of a certified copy of this judgment.
2) The State Police Chief will see that the investigation in the above cases are going smoothly in accordance with law.
sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(CRL.) NO. 1211 OF 2024 8 2025:KER:39679 APPENDIX OF WP(CRL.) 1211/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 26.10.2024 SUBMITTED BY THE PETITIONERS TO THE RESPONDENTS