The Valapatanam Service Co-Operative Bank Ltd. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No. 6686 of 2015 (I) --------------------------- PETITIONER(S)/PETITIONER:
------------------------- THE VALAPATANAM SERVICE CO-OPERATIVE BANK LTD. AGED 44 YEARS NO LL 242, REP BY ITS SECRETARY, N P HAMSA S/O.MOIDEEN, R/A.ALAVI, AZHIKODE KANNUR , PIN-670009 BY ADVS.SRI.P.VIJAYA BHANU (SR.) SMT.M.M.DEEPA SRI.AJEESH K.SASI SRI.UNNI SEBASTIAN KAPPEN RESPONDENT(S)/RESPONDENTS:
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1. STATE OF KERALA REP BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN-695001
2. THE DISTRICT POLICE CHIEF KANNUR DIST, PIN-670001
3. THE DEPUTY SUPEINTENDENT OF POLICE KANNUR DIST, PIN-670001
4. THE CIRCLE INSPECTOR OF POLICE VALAPATANAM POLICE STATION VALAPATANAM-KANNUR-670010
5. SUB INSEPCTOR OF POLICE VALAPATTANAM POLICE STATION, VALAPATANAM, - KANNUR-670010 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6686 of 2015 (I) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1:-TRUE COPY OF THE COMPLAINT DTD 26/9/2013 FILED BY THE SECRETARY OF THE PETITIONER BANK BEFORE THE 4TH RESPONDENT P2:-TRUE COPY OF THE FIR NO 1015 OF 2013 DTD 28/7/2013 REGISTERED BY THE 5TH RESPONDENT AGAINST K A MUHAMMED JASEEL P3:-TRUE COPY OF THE NOTICE UNDER SECTION 91 OF THE CODE OF CRIMINAL PROCEDURE DTD 16/1/2015 ADDRESSED TO JOINT REGISTRAR (GENERAL)COOPERATIVE SOCIETIES P4:-TRUE COPY OF THE SEARCH WARRANT DTD 24/1/2015, ISSUED BY THE JFCM COURT II,KANNUR RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No.6686 of 2015 ---------------------------------------------- Dated this the 10th March, 2015
JUDGMENT
Ashok Bhushan, Ag, CJ.
Heard learned counsel for the petitioner and the learned Government Pleader.
2. This Writ Petition is filed alleging police harassment seeking a direction to respondents 2 to 5 and the officials under each of them to stop the search and seizure conducted in a manner detrimental to the very existence of the petitioner bank and to conduct the search and seizure, if at all required, in the manner prescribed under the provisions of Code of Criminal Procedure. It is submitted that while conducting search, scene is created in the Bank which affects the day-to-day working of the Co-operative Bank.
WP(C).6686/15
3. The learned Government Pleader, after obtaining instruction, submitted that a search was conducted and large number of documents have been seized and the computers of the Bank have to be verified and checked. In that connection, time was taken in carrying out the operation. It is further submitted that large number of defaults in the bank account have been found and a crime has already been registered being Crime 1015/13, in which several accused, including the Secretary of the Bank were arrested, who have been granted bail. The learned Government Pleader also submitted that this Court in a Writ Petition is monitoring the investigation, in which various directions have been sought for. If advised, the petitioner may appear in the said Writ Petition.
4. In view of the fact that the investigation is being carried out in pursuance of the crime registered, we are of the view that this cannot be termed as a police harassment. If the petitioner has any grievance regarding the manner of search conducted by the search party and
WP(C).6686/15 the Police, it shall be open for the petitioner to take appropriate measures as permissible under law. The Writ Petition is closed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs10/3/15