SAMUEL KUTTY T.O v. STATE OF KERALA

Court: High Court of Kerala

Bench: HONOURABLE MR. JUSTICE P.SOMARAJAN

Judgment date: 2020-12-16

Case summary

High Court of Kerala judgment dated 2020-12-16. SAMUEL KUTTY T.O v. STATE OF KERALA. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. SOMARAJAN WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942 CRL. MC. NO. 4035 OF 2020(D) PETITIONER/DEFACTO COMPLAINANT: PUSHPA SIVARAMAN AGED 65 YEARS W/O. LATE SIVARAMAN, VRINDAVANAM HOUSE, UMBERNAD MURI, THEKKEKARA, MAVELIKARA THALUK - 690 101. BY ADVS. SRI. RINNY STEPHEN CHAMAPARAMPIL SMT. ASHA ELIZABETH MATHEW RESPONDENTS/STATE & INVESTIGATING OFFICERS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. 2 THE STATE POLICE CHIEF STATE POLICE HEADQUARTERS, VAZHUTHACAD, THIRUVANANTHAPURAM - 695 010. 3 THE DISTRICT POLICE CHIEF S. P. OFFICE, CIVIL STATION WARD, ALAPPUZHA - 688 012. 4 THE DISTRICT POLICE CHIEF S. P. OFFICE, PATHANAMTHITTA - 689 645. 5 THE INSPECTOR OF POLICE POLICE STATION, MAVELIKARA - 690 101. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16. 12. 2020, ALONG WITH CRL. MC. 4306/2020(G) & CRL. MC.

4503/2020(C), THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. MC. No. 4035/2020 & Connected Cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. SOMARAJAN WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942 CRL. MC. NO. 4306 OF 2020(G) PETITIONER/DEFACTO COMPLAINANT: AHILAMMA O. @ AHILA ACHANKUNJU AGED 50 YEARS W/O. ACHANKUNJU, THARAYIL HOUSE, CHERIYANAD P. O. , CHERIYANAD VILLAGE, CHENGANNUR THALUK-689 506. BY ADVS. SRI. RINNY STEPHEN CHAMAPARAMPIL SMT. ASHA ELIZABETH MATHEW RESPONDENTS/STATE & INVESTIGATING OFFICERS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 THE STATE POLICE CHIEF, STATE POLICE HEADQUARTERS, VAZHUTHACAD, THIRUVANANTHAPURAM-695 010. 3 THE DISTRICT POLICE CHIEF, S. P. OFFICE, CIVIL STATION WARD, ALAPPUZHA-688 012. 4 THE DISTRICT POLICE CHIEF, S. P. OFFICE, PATHANAMTHITTA-689 645. 5 THE INSPECTOR OF POLICE, POLICE STATION, VENMONY-689 509. THIS CRIMINAL MISC.

CASE HAVING BEEN FINALLY HEARD ON 16. 12. 2020, ALONG WITH CRL. MC. 4035/2020(D)& CRL. MC. 4503/2020(C), THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. MC. No. 4035/2020 & Connected Cases IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. SOMARAJAN WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942 CRL. MC. NO. 4503 OF 2020(C) CRIME NO. 1740/2020 OF KONNI POLICE STATION , PATHANAMTHITTA PETITIONER/DEFACTO COMPLAINANT: SAMUEL KUTTY T. O AGED 72 YEARS S/O. Y. MATHUNNY, 188, SAJU P. O. , PUTHENCHANDA P. O. , VALLIKKUNNAM VILLAGE, MAVELIKARA TALUK - 690 501. BY ADVS. SRI. RINNY STEPHEN CHAMAPARAMPIL SMT. ASHA ELIZABETH MATHEW RESPONDENTS/STATE & INVESTIGATING OFFICERS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 THE STATE POLICE CHIEF STATE POLICE HEADQUARTERS, VAZHUTHACAD, THIRUVANANTHAPURAM - 695 010. 3 THE DISTRICT POLICE CHIEF S. P. OFFICE, CIVIL STATION WARD, ALAPPUZHA - 688 012.

4 THE DISTRICT POLICE CHIEF S. P. OFFICE, PATHANAMTHITTA - 689 645. 5 THE INSPECTOR OF POLICE POLICE STATION, KURATHIKAD - 689 107. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16. 12. 2020, ALONG WITH CRL. MC. 4035/2020(D)& CRL. MC. 4306/2020(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. MC. No. 4035/2020 & Connected Cases ORDER This Court has already issued direction to register separate FIRs with respect to each and every case pertaining to the deposits received by Popular Finance and allied companies in WP(C). No. 18199 of 2020 and connected cases. As such, no further direction is necessary. All these Crl. M. Cs are disposed of with the above said directions. Sd/- P. SOMARAJAN JUDGE SPV APPENDIX OF Crl. MC 4035/2020 PETITIONER'S EXHIBITS: A TRUE COPY OF THE DEPOSIT RECEIPT DATED 02/6/2017 ISSUED IN THE NAME OF THE PETITIONER. A TRUE COPY OF RECEIPT NO. 0003509 DATED 08/3/2019 ISSUED IN THE NAME OF THE PETITIONER.

A TRUE COPY OF THE CERTIFICATE DATED 18/8/2020 ISSUED BY THE BRANCH MANAGER OF POPULAR FINANCE PRIVATE LTD. , THATTARAMBALAM. A TRUE COPY OF THE CRIMINAL COMPLAINT DATED 28/8/2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. A TRUE COPY OF THE RECEIPT DATED 28/8/2020 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT. A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BY REGISTERED POST TO THE 3RD RESPONDENT ON 05/9/2020. TRUE COPY OF THE POSTAL RECEIPT DATED 05/9/2020 WHEREBY ANNEXURE F COMPLAINT WAS FORWARDED TO THE 3RD RESPONDENT. A TRUE COPY OF THE CIRCULAR DATED 28/08/2020 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE Crl. MC. No. 4035/2020 & APPENDIX OF Crl. MC 4306/2020 PETITIONER'S EXHIBITS: A TRUE COPY OF THE RECEIPT NO. 0000286 DATED 28. 01. 2020 ISSUED TO THE PETITIONER. A TRUE COPY OF THE RECEIPT NO. 1062772 DATED 17. 03. 2020 ISSUED TO THE PETITIONER. A TRUE COPY OF THE RECEIPT NO. 0164900 DATED 16. 07.

2020 ISSUED TO THE PETITIONER. A TRUE COPY OF THE CRIMINAL COMPLAINT DATED 28. 08. 2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BY REGISTERED POST TO THE 3RD RESPONDENT ON 03. 09. 2020. TRUE COPY OF THE POSTAL RECEIPT DATED 03. 09. 2020 WHEREBY ANNEXURE E COMPLAINT WAS FORWARDED TO THE 3RD RESPONDENT. A TRUE COPY OF THE CIRCULAR DATED 28. 08. 2020 ISSUED BY THE 2ND RESPONDENT. A TRUE COPY OF THE NEWS PAPER REPORT APPEARED IN MADHYAMAM DAILY DATED 26. 09. 2020 REGARDING THE TRANSFER OF THE INVESTIGATING OFFICER IN THE POPULAR FINANCE CHEATING CASE. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE Crl. MC. No. 4035/2020 & Connected Cases APPENDIX OF Crl. MC 4503/2020 PETITIONER'S/S EXHIBITS: ANNEXURE A A TRUE COPY OF THE RECEIPT NO. 0131286 DATED 28. 02. 2018 ISSUED TO THE PETITIONER. ANNEXURE B A TRUE COPY OF THE RECEIPT NO. 0132867 DATED 07. 04. 2018 ISSUED TO THE PETITIONER.

ANNEXURE C A TRUE COPY OF THE CRIMINAL COMPLAINT DATED 29. 08. 2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. ANNEXURE D A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 29. 08. 2020 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT. ANNEXURE E A TRUE COPY OF THE CIRCULAR DATED 28. 08. 2020 ISSUED BY THE 2ND RESPONDENT. ANNEXURE F A TRUE COPY OF THE NEWS PAPER REPORT APPEARED IN MADHYAMAM DAILY DATED 26. 09. 2020 REGARDING THE TRANSFER OF THE INVESTIGATING OFFICER IN THE POPULAR FINANCE CHEATING CASE. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.