Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 11TH DAY OF MARCH 2025/20TH PHALGUNA, 1946 CRL.MC NO.2088 OF 2025 CRIME NO.1049/2024 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM PETITIONER/PETITIONER
JOHN PV, AGED 49 YEARS, S/O VARGHESE, PADAYATTIL, KARUKIDAM, PUTHUPPADY, KOTHAMNGALAM, ERNAKULAM DISTRICT, PIN - 686673 BY ADVS. K.S.ARUN KUMAR VIJAY SANKAR V.H. AMRUTHA K P AMRUTHA P S JERIN JOSEPH RESPONDENTS/RESPONDENTS 1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE DIRECTOR GENERAL OF POLICE, STATE POLICE HEADQUARTERS, VELLAYAMBALAM, CITY-THIRUVANANTHAPURAM, PIN - 695010 3 STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695035 4 BRANCH MANAGER, BANK OF MAHARASHTRA, ANGAMALY BRANCH, CHHAKKIATH PLAZA, NEARBY SUZUKI SHOWROOM, SH 1, ALUVA, ANGAMALY, KERALA, PIN - 683572
SMT. PUSHPALATHA. M.K, SR.PP. SRI. T.A. PRAKASH, SC FOR BANK OF MAHARASHTRA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2025, ALONG WITH Crl.MC.2074/2025, 2075/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 11TH DAY OF MARCH 2025/20TH PHALGUNA, 1946 CRL.MC NO.2074 OF 2025 CRIME NO.1049/2024 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM PETITIONER/PETITIONER
RANJUMOL K V, AGED 47 YEARS, W/O JOHN PV, PADAYATTIL, KARUKIDAM, PUTHUPPADY, KOTHAMNGALAM, ERNAKULAM DISTRICT, PIN - 686673 BY ADVS. K.S.ARUN KUMAR VIJAY SANKAR V.H. AMRUTHA P S AMRUTHA K P JERIN JOSEPH RESPONDENT(S)/RESPONDENT 1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE DIRECTOR GENERAL OF POLICE, STATE POLICE HEADQUARTERS,VELLAYAMBALAM, CITY-THIRUVANANTHAPURAM, PIN - 695010 3 STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695035
4 BRANCH MANAGER, BANK OF MAHARASHTRA, ANGAMALY BRANCH, CHHAKKIATH PLAZA, NEARBY SUZUKI SHOWROOM, SH 1, ALUVA, ANGAMALY, KERALA, PIN - 683572 SMT. PUSHPALATHA. M.K, SR.PP. SRI. T.A. PRAKASH, SC FOR BANK OF MAHARASHTRA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2025, ALONG WITH Crl.MC.2088/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 11TH DAY OF MARCH 2025/20TH PHALGUNA, 1946 CRL.MC NO.2075 OF 2025 PETITIONER/PETITIONER
RANJUMOL K V, AGED 47 YEARS, W/O JOHN PV, PADAYATTIL, KARUKIDAM, PUTHUPPADY, KOTHAMNGALAM, ERNAKULAM DISTRICT, PIN - 686673 BY ADVS. K.S.ARUN KUMAR VIJAY SANKAR V.H. AMRUTHA P S AMRUTHA K P JERIN JOSEPH RESPONDENT(S)/RESPONDENT 1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE DIRECTOR GENERAL OF POLICE, STATE POLICE HEADQUARTERS, VELLAYAMBALAM, CITY THIRUVANANTHAPURAM, PIN - 695010 3 STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695035
4 BRANCH MANAGER, BANK OF MAHARASHTRA, KOTHAMANGALAM BRANCH, NEARBY ANN THEATRE COMPLEX, KOCHI-DHANUSHKODI HIGHWAY, KOTHAMANGALAM, KERALA, PIN - 686691 SRI. M.C. ASHI, PP. SRI. T.A. PRAKASH, SC FOR BANK OF MAHARASHTRA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2025, ALONG WITH Crl.MC.2088/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 11TH DAY OF MARCH 2025/20TH PHALGUNA, 1946 CRL.MC NO.2085 OF 2025 CRIME NO.1049/2024 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM PETITIONER(S)/PETITIONER
DIYA MARIA, AGED 23 YEARS D/O JOHN PV, PADAYATTIL, KARUKIDAM, PUTHUPPADY, KOTHAMNGALAM, ERNAKULAM DISTRICT, PIN - 686673 BY ADVS. K.S.ARUN KUMAR VIJAY SANKAR V.H. AMRUTHA P S AMRUTHA K P JERIN JOSEPH RESPONDENT(S)/RESPONDENT 1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE DIRECTOR GENERAL OF POLICE, STATE POLICE HEADQUARTERS, VELLAYAMBALAM, CITY-THIRUVANANTHAPURAM, PIN - 695010 3 STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695035
4 BRANCH MANAGER, BANK OF MAHARASHTRA, KOTHAMANGALAM BRANCH, NEARBY ANN THEATRE COMPLEX, KOCHI-DHANUSHKODI HIGHWAY, KOTHAMANGALAM, KERALA, PIN - 686691 SRI. M.C. ASHI, PP. SRI. T.A. PRAKASH, SC FOR BANK OF MAHARASHTRA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2025, ALONG WITH Crl.MC.2088/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioner in Crl.MC No. 2088 of 2025 is the 4th accused in Crime No.1049 of 2024 registered at the Vanchiyoor Police Station, Thiruvananthapuram for offences under Sections 316(2) and 318(4) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 while the petitioner in Crl MC Nos.2074 and 2075 of 2025 is his wife and the petitioner in Crl.MC No. 2085 of 2025 is his daughter. The crime is registered on the allegation that accused Nos.1 and 2 purchased gold worth Rs.1,84,97,100/- from Rajakumari Gold and Diamonds and issued a cheque for the said amount towards discharge of the said liability. The cheque on presentation, was returned with the endorsement “payment stopped by drawer”. Despite repeated requests, accused Nos.1 and 2 failed to make the payment. The petitioners are alleged to have helped accused Nos.1 and 2 in converting their ornaments into gold ingots for the purpose of sale. During the course of investigation, Annexure-II notices were issued to the Managers of the Bank of Maharashtra, Angamaly & Kothamangalam Branches, directing not to release the gold ornaments pledged by the petitioners viz., 4 th accused, his wife and daughter. Even though the petitioners approached the jurisdictional court seeking to get the freeze lifted, their applications were dismissed by the impugned orders. Hence, these Criminal Miscellaneous Cases.
2. Learned Counsel for the petitioners
submitted that the incident based on which the crime was registered occurred on 17.09.2024 and the FIR was registered on 12.10.2024, whereas the petitioners had pledged their gold ornaments much earlier. It is pointed out that in Crl.MC No. 2088 of 2025 the gold was pledged on 24.05.2024 , 27.05.2024 and 31.05.2024 in Crl.MC No.2074 of 2025, on 27.06.2024 and 02.09.2024, in Crl.MC No.2075 of 2025, on 18.01.2024 and 24.04.2024, and in Crl.MC No.2085 of 2025, on 30.12.2023. It is hence contended that the investigating officer had exceeded his powers by directing the bank to freeze the gold ornaments and the court below committed gross illegality by refusing to lift the freeze.
3. Learned Public Prosecutor submitted that
the court below was right in observing that it is not conferred with the power to lift the freeze with respect to articles which are not seized or produced in the court. Learned Public Prosecutor also pointed out that the de facto complainant should be heard before taking a decision on the matter.
4. Learned Standing Counsel for the Bank
submitted that his client had acted in accordance with the directives of the investigating officer and has no objection in releasing the gold, if the petitioners remit the entire arrears due towards the gold loan account.
5. The documents on record evidently prove
that the petitioners had pledged their ornaments prior to the alleged incident. The fact that the ornaments were pledged on the dates mentioned in the receipts produced along with these Crl.M.C.s is not disputed by the learned Standing Counsel for the Bank. As such, the de facto complainant cannot have any claim over those ornaments. The power to seize a property is conferred on the investigating officer vide Section 106 of the BNSS. As per sub-section (3) of Section 106, the officer effecting the seizure has to forthwith report the seizure to the Magistrate having jurisdiction. This Court in Enrica Lexie M.T v. Doramma [2012 KHC 4259] has
held that, even though the police is conferred with the
power to effect seizure, such power can only be invoked in accordance with the procedure prescribed. The violation of the procedure would result in denial of right of a citizen to enjoy his property guaranteed under Article 300(A) of the Constitution of India.
6. On consideration of the facts and
circumstances involved, this Court is of the opinion that the direction to keep petitioners' gold ornaments under seizure is illegal and the investigation will not in any manner be affected by the gold ornaments being released. In the result, these Crl.MCs are allowed, and the impugned orders are quashed. The gold ornaments pledged by the petitioners with the 4 th respondent bank shall be released to them, on payment of the arrears if any due towards the gold loan accounts. Sd/- V.G.ARUN JUDGE Cak APPENDIX OF CRL.MC 2074/2025 PETITIONER’S ANNEXURES ANNEXURE-I A COPY OF THE FIR IN CRIME NO. 1049/2024 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE-II A COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED NIL ANNEXURE-III A COPY OF 1ST PAGE OF THE PASS BOOK OF THE PETITIONER WITH THE 4TH RESPONDENT BANK DATED NIL ANNEXURE-IV COPY OF THE RECEIPTS ISSUED BY THE 4TH RESPONDENT IN FAVOR OF THE PETITIONER ANNEXURE-V A COPY OF THE ORDER OF THE JFCM-XI,
THIRUVANANTHAPURAM DATED 17/02/2025 IN CMP NO.102/2025 IN CRIME NO.1049/2024 OF VANCHIYOOR POLICE STATION
APPENDIX OF CRL.MC 2075/2025 PETITIONER’S ANNEXURES ANNEXURE-I A COPY OF THE FIR IN CRIME NO. 1049/2024 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE-II A COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED NIL ANNEXURE-III A COPY OF 1ST PAGE OF THE PASS BOOK OF THE PETITIONER WITH THE 4TH RESPONDENT BANK DATED NIL ANNEXURE-IV COPY OF THE RECEIPTS ISSUED BY THE 4TH RESPONDENT IN FAVOR OF THE PETITIONER ANNEXURE-V A COPY OF THE ORDER OF THE JFCM-XI,
THIRUVANANTHAPURAM DATED 17/02/2025 IN CMP NO.103/2025 IN CRIME NO.1049/2024 OF VANCHIYOOR POLICE STATION
APPENDIX OF CRL.MC 2085/2025 PETITIONER’S ANNEXURES ANNEXURE-I A COPY OF THE FIR IN CRIME NO. 1049/2024 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE-II A COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 22/11/2024 ANNEXURE-III A COPY OF 1ST PAGE OF THE PASS BOOK OF THE PETITIONER WITH THE 4TH RESPONDENT BANK DATED NIL ANNEXURE-IV COPY OF THE RECEIPTS ISSUED BY THE 4TH RESPONDENT IN FAVOR OF THE PETITIONER ANNEXURE-V A COPY OF THE ORDER OF THE JFCM-XI,
THIRUVANANTHAPURAM DATED 17/02/2025 IN CMP NO.101/2025 IN CRIME NO.1049/2024 OF VANCHIYOOR POLICE STATION
APPENDIX OF CRL.MC 2088/2025 PETITIONER’S ANNEXURES ANNEXURE-I A COPY OF THE FIR IN CRIME NO. 1049/2024 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE-II A COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 25/11/2024 ANNEXURE-III A COPY OF 1ST PAGE OF THE PASS BOOK OF THE PETITIONER WITH THE 4TH RESPONDENT BANK DATED NIL ANNEXURE -IV COPY OF THE RECEIPTS ISSUED BY THE 4TH RESPONDENT IN FAVOR OF THE PETITIONER ANNEXURE-V A COPY OF THE ORDER OF THE JFCM-XI,
THIRUVANANTHAPURAM DATED 17/02/2025 IN CMP NO.100/2025 IN CRIME NO.1049/2024 OF VANCHIYOOR POLICE STATION