High Court of KeralaSingle JudgeDismissed
CRL.MC NO. 8501 OF 2017 (and connected cases) High Court of Kerala at Ernakulam
Case / Petition Number:CRL.MC NO. 8501 OF 2017 (and connected cases)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- RAJA VIJAYARAGHAVAN V
- Judgment Date
- 2019-07-16
- Court Decision / Holding
- These petitions are accordingly dismissed.
- Final Disposition
- Dismissed
Parties to the Case
Appellants / Petitioners
- JOHN K. UMMAN
Respondents
- State of Kerala
- Sub Inspector of Police, ET South Police Station, Ernakulam
- BIJU KUMAR
- ABRAHAM THOMAS KAKKANAPALLIL
- ASHA LILLY THOMAS
- PRAKASH CHELLAT
- SARAMMA THOMAS PHILIP
- RAJ MICHEL NEVIN
- K. JAWAHARLAL
- AMBATTU AIPE BABU
- SHEEBA THOMAS PHILIP
- PAVITHRAN
- OMANAKUTTAN? (as appears in annexures)
Legal Representation & Advocates
Counsels for Petitioners
- • Sri M. Rajendran Nair (Thonanaloor)
- • Sri A. D. Shajan
- • Sri Sreejith R. Nair
Counsels for Respondents
- • Sri Ramesh Chand, Public Prosecutor
- • Sri Ajith Murali, Public Prosecutor
- • Sri G.S. Reghunath
- • Sri Lawrence D'Cunha
- • Sri Mathew Bonstane
- • Sri V.P. Pradeepkumar
- • Sri P.K. Varghese
- • Sri P.P. Biju
Case Synopsis & Summary
This group of criminal miscellaneous petitions, heard together before Justice Raja Vijayaraghavan V, challenges the legality of continuing criminal proceedings under various CrPC sections (economic offences) against the petitioner John K. Umman (and closely related co-accused in connected cases) in the Ernakulam district. The petitions contend that the petitioner was primarily a power-of-attorney holder or employee of the promoter STAR HOMES, and that the alleged offences stem from acts of the firm, not of the petitioner personally. A certificate from the managing partner purportedly absolving the petitioner of responsibility is relied upon to urge quashing. The State counters that witnesses’ statements and the final reports disclose the petitioner’s specific role—inducing investors with assurances of permits, licenses, and timely possession—thus establishing a prima facie case against him. The court reiterates that quashing under Section 482 Cr.P.C. should be sparingly exercised and only in rarest of rare cases, citing Bhajan Lal and subsequent Supreme Court authorities, and clarifies that it is not to reassess evidence at this stage. It further cites Devendra Prasad Singh v. State of Bihar to emphasize that a court cannot concludedly evaluate witness reliability at the pre-trial stage. Ultimately, the court finds prima facie material against the petitioner and refuses to quash, dismissing the petitions, thereby leaving the proceedings to continue in the trial courts.
Provisions of Law Cited
Section 482 Cr.P.C.Section 173(2) Cr.P.C.
Legal Doctrines & Maxims
- Powers of quashing criminal proceedings should be exercised very sparingly and only in the rarest of rare cases (Bhajan Lal)
- Prima facie case standard
- Uncontroverted allegations are to be tested at the appropriate stage of trial (reiterated principle)
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner's counsel argued that he acted only as a power-of-attorney holder for the managing partner of STAR HOMES and that personal liability for the firm’s acts cannot attach to him. They relied on a certificate from Ajay George claiming no responsibility for the alleged misdeeds. The argument emphasized lack of direct involvement and urged quashing on grounds of no prima facie case against the petitioner and the dubious weight of the management’s certificate.
Contentions of Respondents
The State countered that the investigation and witness statements indicate the petitioner’s specific role in luring investors by assuring permits and completion of projects, demonstrating his active participation in the alleged fraud. It argued that the material, though perhaps contested, is prima facie indicative of involvement and thus not a fit case for quashing.
Cited Precedents (4)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of Haryana and Others v. Bhajan Lal and Others | AIR 1992 SC 604 | Positive | Used to illustrate the principle that quashing should be exercised sparingly and only in rarest of rare cases. |
| State of Tamil Nadu v. Thirukkural Perumal | 1995 (2) SCC 449 | Positive | Cited to reinforce the cautious approach to Section 482 Cr.P.C. proceedings. |
| Central Bureau of Investigation v Ravi Shankar Srivastava, IAS and Another | AIR 2006 SC 2872 | Positive | Referenced for the stance that trial-stage evaluation of evidence is not appropriate in Section 482 proceedings. |
| Devendra Prasad Singh v. The State of Bihar | S.L.P (Crl.) No.21 of 2018 | Positive | Quashing under Section 482 cannot entail reappraisal of witnesses’ statements; evidence assessment is for trial. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
**CRL.MC.NO.8501 OF 2017**
**AGAINST CC NO.305/2015 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM CRIME NO.540/2015 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/2ND ACCUSED:**
**JOHN K. UMMAN, AGED 67 YEARS, S/O KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN-689695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS:**
**1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2 SUB INSPECTOR OF POLICE, E.T.SOUTH POLICE STATION, ERNAKULAM-682035. 3 BIJU KUMAR, AGED 48 YEARS, S/O.GOPALAN, KURIKKASSERY HOUSE, VANIYAKKAD, MANNAM P.O, NORTH PARAVUR TALUK, ERNAKULAM, PIN-683520.**
**BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC.CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC.NO.8509 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**CRL.MC.NO.8501 OF 2017 & 2 connected cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
**CRL.MC.NO.8509 OF 2017**
**AGAINST CC NO.280/2015 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT(E&O), ERNAKULAM**
**CRIME NO.522/2015 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/2ND ACCUSED:**
**JOHN. K.UMMAN, AGED 67 YEARS, S/O KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN-689695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS:**
**1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2 SUB INSPECTOR OF POLICE, E.T.SOUTH POLICE STATION, ERNAKULAM-682035. 3 ABRAHAM THOMAS KAKKANAPALLIL, AGED 60 YEARS, S/O.THOMAS, MELROS VILLA, KOIPURAM VILLAGE, THIRUVALLA TALUK, KUMBANAD.P.O, PATHANAMTHITTA, PIN-689547. BY ADVS. SRI.LAWRENCE D'CUNHA SRI.MATHEW BONSTANE SRI.V.P.PRADEEPKUMAR BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC.NO.8501 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**CRL.MC.NO.8501 OF 2017 & 3 connected cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
**CRL.MC.NO.8807 OF 2017**
**AGAINST CC NO.631/2014 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM**
**CRIME NO.451/2012 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/2ND ACCUSED:**
**JOHN K.OOMMEN, AGED 67 YEARS, S/O KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN-689695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS:**
**1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2 SUB INSPECTOR OF POLICE, E T SOUTH POLICE STATION, ERNAKULAM-682035. 3 ASHA LILLY THOMAS, AGED 37 YEARS, W/O SHIBU, ATTELIL VEEDU, AMBALAMPADI BHAGAM, KARUKADOM, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM, PIN-686691.**
## **BY ADV. RAMESH CHAND, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC. NO.8501 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**CRL.MC.NO.8501 OF 2017 & 4 connected cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
**CRL.MC.NO.8811 OF 2017**
**AGAINST CC NO.820/2014 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM**
**CRIME NO.416/2012 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/3RD ACCUSED:**
**JOHN K. OOMMEN, AGED 67 YEARS, S/O KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN.689695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS/STATE/COMPLAINANT:**
**1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2 SUB INSPECTOR OF POLICE, E.T SOUTH POLICE STATION, ERNAKULAM-682035. 3 C.P PAVITHRAN, AGED 65 YEARS, S/O C.A PADMANABHAN, JAZZ BHAVAN, PEROORKADA VILLAGE, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN.695005.**
## **BY ADV. RAMESH CHAND, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC.CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC.NO.8501 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**CRL.MC.NO.8501 OF 2017 & 5 connected cases**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
## **CRL.MC.NO.8815 OF 2017**
**AGAINST CC NO.826/2014 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM CRIME NO.507/2012 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/2ND ACCUSED:**
**JOHN K.OOMMEN, AGED 67 YEARS, S/O.KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN-689695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS:**
**1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.**
**2 SUB INSPECTOR OF POLICE, E.T.SOUTH POLICE STATION, ERNAKULAM-682035.**
**3 BIJU GEORGE, AGED 37 YEARS, S/O.GEORGE, CHAVARUVILA GODLY BHAVAN, AMBALANIRAPPU KARA, PANDITHITTA VILLAGE, PANDITHITTA P.O., KOLLAM, PIN-691560.**
## **OTHER PRESENT:**
## **SRI.RAMESH CHAND, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC.NO.8501 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**CRL.MC.NO.8501 OF 2017 & 6 connected cases**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
## **CRL.MC.NO.8818 OF 2017**
**AGAINST CC NO.605/2014 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM**
**CRIME NO.580/2012 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/5TH ACCUSED :**
**JOHN K.OOMMEN, AGED 67 YEARS, S/O.KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN-689695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS/STATE/COMPLAINANT:**
|**1**|**STATE OF KERALA,**|
|---|---|
||**REPRESENTED BY PUBLIC PROSECUTOR,**|
||**HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031.**|
|**2**|**SUB INSPECTOR OF POLICE,**|
||**E.T.SOUTH POLICE STATION, ERNAKULAM-682035.**|
|**3**|**AMBATTU AIPE BABU, AGED 57 YEARS,**|
||**S/O.AIPE MATHEW, AMBATTU VEEDU,**|
||**PARAVOOR TALUK, NOW RESIDING AT HOUSE NO.31/10A,**|
||**THIRUPOOR ROAD, V G RAO NAGAR, TIRUPPUR,**|
||**UDUMALPET, COIMBATORE, TAMIL NADU, PIN-642126.**|
## **SRI.AJITH MURALI, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC.NO.8501 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**CRL.MC.NO.8501 OF 2017 & 7 connected cases**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
## **CRL.MC.NO.8823 OF 2017**
**AGAINST CC NO.828/2014 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM CRIME NO.368/2012 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/3RD ACCUSED:**
**JOHH.K.OOMMEN, AGED 67 YEARS, S/O.KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN-689695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS:**
**1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2 SUB INSPECTOR OF POLICE, E.T.SOUTH POLICE STATION, ERNAKULAM-682035. 3 SARAMMA THOMAS, AGED 46 YEARS, W/O.THOMAS, KARIYATTU VEEDU, ITTIYAPARA, RANNI TALUK, PAZHAVANGADI VILLAGE, PATHANAMTHITTA, PIN-689673.**
**BY ADVS. SRI.P.P.BIJU SMT.M.B.SHYNI SRI.DEEPAK RAJ SRI.P.K.VARGHESE BY SRI.RAMESH CHAND, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC.NO.8501 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING::**
**CRL.MC.NO.8501 OF 2017 & 8 connected cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
**CRL.MC.NO.445 OF 2018**
**AGAINST CC NO.191/2016 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM**
**CRIME NO.950/2015 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/3RD ACCUSED:**
**JOHN K. OOMMAN, AGED 67 YEARS, S/O KOCHUMMAN, VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN 689 695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS/STATE:**
**1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2 SUB INSPECTOR OF POLICE, E.T.SOUTH POLICE STATION, ERNAKULAM. 3 S.OMANAKUTTAN, S/O SUDHAKARAN, URBAN FLOWER PHARMACY, P.O.BOX 34702, ABU DHABI, U.A.E.**
**BY ADV. SRI.G.S.REGHUNATH**
**BY SRI.RAMESH CHAND, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC.NO.8501 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING::**
**CRL.MC.NO.8501 OF 2017 & 9 connected cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
## **CRL.MC.NO.455 OF 2018**
**AGAINST THE CC NO.189/2016 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM**
**CRIME NO.949/2015 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/3RD ACCUSED:**
**JOHN.K.OOMMAN, AGED 67 YEARS, S/O. KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN 689 695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS/STATE:**
- **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 31**
- **2 SUB INSPECTOR OF POLICE, E.T SOUTH POLICE STATION, ERNAKULAM.**
- **3 K. JAWAHARLAL, AGED 59, S/O. KESAVAN,"KESAVAM" L M S JUNCTION, ATTINGAL, THIRUVANANTHAPURAM, PIN 695 101.**
**BY ADV. SRI.G.S.REGHUNATH BY SRI.RAMESH CHAND, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC.8501/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**CRL.MC.NO.8501 OF 2017 & 10 connected cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
**CRL.MC.NO.1178 OF 2018**
**AGAINST CC NO.640/2014 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM CRIME NO.438/2012 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/2ND ACCUSED:**
**JOHN K OOMMAN, AGED 67 YEARS, S/O.KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN-689695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS:**
**1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31, 2 SUB INSPECTOR OF POLICE, E.T.SOUTH POLICE STATION, ERNAKULAM. 3 RAJ MICHEL NEVIN, AGED 35/2013, S/O.P.J.VARGHESE, NEVIN VILLA, CHATTUPARA BHAGOM, MACHIPLAVU P O, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN 685561.**
**BY SRI.AJITH MURALI, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC.8501/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**CRL.MC.NO.8501 OF 2017 & 11 connected cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
**CRL.MC.NO.1180 OF 2018**
**AGAINST CC NO.300/2016 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM CRIME NO.1347/2015 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM**
**PETITIONER/3RD ACCUSED:**
**JOHN.K.OOMMAN, AGED 67 YEARS, S/O.KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT. PIN-689695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS:**
|**1**|**STATE OF KERALA,**|
|---|---|
||**REPRESENTED BY PUBLIC PROSECUTOR**|
||**HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.**|
|**2**|**SUB INSPECTOR OF POLICE,**|
||**E.T.SOUTH POLICE STATION, ERNAKULAM-682011.**|
|**3**|**SHEEBA THOMAS PHILIP, AGED 56 YEARS,**|
||**W/O.THOMAS PHILIP, MAMOOTTIL VEEDU,**|
||**P.J.R.R.A H.NO.7, POTHUJANAM ROAD,**|
||**KUMARAPURAM, MEDICAL COLLEGE P O,**|
||**THIRUVANANTHAPURAM, PIN-695011.**|
**BY SRI.AJITH MURALI, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH CRL.MC.8501/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**CRL.MC.NO.8501 OF 2017 & 12 connected cases**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V**
**TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941**
**CRL.MC.NO.1192 OF 2018**
**AGAINST CC NO.306/2015 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM CRIME NO.326/2015 OF ERNAKULAM SOUTH POLICE STATION, ERNAKULAM**
## **PETITIONER/2ND ACCUSED:**
**JOHN K. OOMMAN, AGED 67 YEARS, S/O. KOCHUMMAN VETTIPUZHA VEETTIL, PUTHUPALLIPURAM KARA, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT, PIN-689 695.**
**BY ADVS. SRI.M.RAJENDRAN NAIR (THONNALLOOR) SRI.A.D.SHAJAN SRI.SREEJITH R.NAIR**
## **RESPONDENTS :**
**1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2 SUB INSPECTOR OF POLICE, E.T SOURTH POLICE STATION, ERNAKULAM-682 011. 3 PRAKASH CHELLAT, AGED 46/15, S/O. RAMANKUTTY, PUNARTHAM, VARADHYAM HOUSE, AVANNOOR P.O., AYYANTHOLE, THRISSUR DISTRICT, PIN-680 547.**
**BY SRI.AJITH MURALI, PUBLIC PROSECUTOR**
**THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.07.2019 CRL.MC.8501/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
**CRL.MC.NO.8501 OF 2017 & 13 connected cases**
## **O R D E R**
A group by name “STAR HOMES” set up numerous companies, partnership firms etc., and entered into the construction as well as hospitality field. One of the concerns was a partnership concern by the same name and one Ajay.V. George was the Managing partner. The petitioner herein was appointed as the Deputy General Manager and he was also granted a power of attorney by the Managing Partner for overseeing the business.
2. According to the prosecution, with intent to cheat the public at large, STAR HOMES published advertisements in leading dailies that their new venture of apartment buildings were coming up at Aluva. Very affordable rates were also offered. Lured by the advertisements, numerous investors, who were on the look out for affordable homes, approached the firm. They were met by the petitioner, who is alleged to have induced them to believe that the construction of the apartment buildings would be commenced without delay and vacant possession would be handed over in a jiffy. Later, they realized that the accused had no plans to carry out construction and their intention was to deceive the complainants. In the complaints lodged by them, they specifically allege that the petitioner herein had signed on the documents as the power of attorney holder of the partner and he was the person, who had received the money. It is in the above backdrop that complaints were filed by the duped investors alleging that they were defrauded by the accused.
**CRL.MC.NO.8501 OF 2017 & 14 connected cases**
3. Separate crimes were registered by the Police and after meticulous investigation, final reports were laid before the jurisdictional Magistrate.
4. The instant petitions are filed seeking to quash the entire proceedings on the ground that the continuance of proceedings against the petitioner herein is a sheer abuse of process.
5. Heard Sri.M.Rajendran Nair, the learned counsel appearing for the petitioner in all these cases, Sri. G.S.Reghunath, Sri.Lawrence D’Cunha, Sri.P.P.Biju, the learned counsel appearing for the party respondents and the learned Public Prosecutor.
6. Sri.M.Rajendran Nair submitted that the petitioner herein was merely a power of attorney holder and an employee of STAR HOMES. He cannot be mulcted with criminal liability for the lapses of the firm or the persons incharge of its day-to-day conduct of business. The learned counsel would place much reliance on a certificate said to have been issued by Ajay V.George, the Managing Partner of STAR HOMES, wherein he has certified that the petitioner herein had no responsibility over the acts committed by the said accused.
7. The learned Public Prosecutor, on the other hand, referred to the statements of the witnesses and also the final report and it was argued that the role of the petitioner herein in inducing the innocent investors was clearly brought out during investigation. The petitioner had a specific role to play and in that view of the matter, this Court in exercise of powers under Section 482 of
**CRL.MC.NO.8501 OF 2017 & 15 connected cases**
the Cr.P.C. will not be justified in quashing the proceedings.
8. The learned counsel appearing for the party respondents submitted that the petitioner herein was the person with whom they had negotiated and it was the petitioner, who had induced them to believe that all permits and licenses have been obtained and that the construction of the apartment building will be completed without further delay. According to the learned counsel, the document produced by the petitioner exculpating himself from wrongdoing cannot be accepted.
9. I have considered the submissions advanced and have perused the final reports in the respective cases.
10. The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the Court is, as to whether uncontroverted allegations as made in the complaint establish the offence. This Court is not expected to analyse the materials which are yet to be adduced and seen in their true perspective. In a catena of cases, the Hon’ble Supreme Court has reiterated that the powers of quashing criminal proceedings should be exercised very sparingly and only in the rarest of rare cases. (Vide **State of Haryana and Others v. Bhajan Lal and Others** , [AIR 1992 SC 604], **State of T. N. v. Thirukkural Peruma** l [1995 (2) SCC 449] and **Central Bureau of Investigation v. Ravi Shankar Srivastava, IAS and Another** [AIR 2006 SC 2872]).
**CRL.MC.NO.8501 OF 2017 & 16 connected cases**
11. In **Devendra Prasad Singh v. The State of Bihar** (S.L.P (Crl.)
## No.21 of 2018) decided on 2.4.2019, the Apex Court in paragraph No.12 of the judgment had occasion to observe as follows:
“So far as the second ground is concerned, we are of the view that the High Court while hearing the application under Section 482 of the Cr.P.C had no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, therefore, there was no prima face case made out against respondent No.2. In our view, this could be done only in the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings.”
12. Having considered the submissions, I am not inclined to accept the contention of the learned counsel that the petitioner herein had no role to play. The certificate produced by the petitioner issued by the Managing Partner cannot be accepted at this stage to hold that he is innocent of all allegations. As held by the Apex Court, this Court cannot embark upon an enquiry, whether the evidence in question is reliable or not or whether on a reasonable appreciation of it, the accusation could be sustained. That is the function of the trial Court. Section 482 of the Code is not an instrument handed over to an accused to short-circuit a prosecution and brings about its closure without a full-fledged
**CRL.MC.NO.8501 OF 2017 & 17 connected cases**
enquiry. Prima facie, it appears that there are materials which point to his involvement.
In view of the above, I am satisfied that this is not a fit case, wherein this Court will be justified in terminating the criminal proceedings against the petitioner at the threshold stage.
These petitions are accordingly dismissed.
SD/-
**RAJA VIJAYARAGHAVAN V., JUDGE**
NS
//TRUE COPY// P.A. TO JUDGE
**CRL.MC.NO.8501 OF 2017 & 18 connected cases**
## **APPENDIX OF CRL.MC NO.8501/2017**
## **PETITIONER(S) ANNEXURES:**
**ANNEXURE I A TRUE COPY OF THE POWER OF ATTORNEY DATED 5/8/2004.**
**ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15/1/2015 ISSUED BY THE FIRST ACCUSED AJAY GEORGE TO THE PETITIONER.**
**ANNEXURE III THE CERTIFIED COPY OF THE FIR DTD. THE SECOND RESPONDENT REGISTERED CRIME NO:540/2015.**
**ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION 173(2)OF CR.P.C. AND THE CASE IS REGISTERED AS C.C.305/2015 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT(E.O)ERNAKULAM.**
**RESPONDENT(S) ANNEXURES : NIL**
## **APPENDIX OF CRL.MC NO.8509/2017**
**PETITIONER(S) ANNEXURES: ANNEXURE I A TRUE COPY OF THE POWER OF ATTORNEY DATED 5/8/2004. ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15/1/2015 ISSUED BY THE FIRST ACCUSED AJAY GEORGE TO THE PETITIONER. ANNEXURE III THE CERTIFIED COPY OF THE FIR DTD. THE SECOND RESPONDENT REGISTERED CRIME NO:-522/2015. ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION 173(2) OF CR.P.C. AND THE CASE IS REGISTERED AS C.C.280/2015 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT(EO),ERNAKULAM.**
## **RESPONDENT(S) ANNEXURES : NIL**
## **APPENDIX OF CRL.MC NO.8807/2017**
## **PETITIONER(S) ANNEXURES:**
**ANNEXURE I A TRUE COPY OF THE POWER OF ATTORNEY DATED 5/8/2004. ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15/1/2015 ISSUED BY THE 3RD ACCUSED AJAY GEORGE TO THE PETITIONER.**
**CRL.MC.NO.8501 OF 2017 & 19 connected cases**
## **ANNEXURE III**
**THE CERTIFIED COPY OF THE FIR DTD.30.03.2012 IN CRIME NO.451/2012 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE) ERNAKULAM WAS REGISTERED AGAINST THE 1ST ACCUSED.**
## **ANNEXURE IV**
**THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION 173(2) OF CR.P.C. AND THE CASE IS REGISTERED AS C.C.631/2014 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT(EO),ERNAKULAM.**
**RESPONDENT(S) ANNEXURES : NIL**
## **APPENDIX OF CRL.MC NO.8811/2017**
## **PETITIONER(S) ANNEXURES :**
**ANNEXURE I A TRUE COPY OF THE POWER OF ATTORNEY DATED 5.8.2004.**
**ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15.1.2015 ISSUED BY THE 3RD ACCUSED AJAY GEORGE TO THE PETITIONER.**
## **ANNEXURE III**
**THE CERTIFIED COPY OF THE FIR DATED 24.3.2012 IN CRIME NO.416/2012 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, (ECONOMIC OFFENCE) ERNAKULAM.**
**ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION 173(2) OF CR.PC AND THE CASE IS REGISTERED AS CC 820/2014 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT(E.O) ERNAKULAM.**
## **RESPONDENT(S) ANNEXURES : NIL**
## **APPENDIX OF CRL.MC NO.8815/2017**
## **PETITIONER(S) ANNEXURES :**
**ANNEXURE I A TRUE COPY OF THE POWER OF ATTORNEY DATED 5.8.2004.**
**ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15.1.2015 ISSUED BY THE 3RD ACCUSED AJAY GEORGE TO THE PETITIONER.**
**CRL.MC.NO.8501 OF 2017 & 20 connected cases**
## **ANNEXURE III**
**THE CERTIFIED COPY OF THE FIR DATED 11.4.2012 IN CRIME NO.507/2012 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE) ERNAKULAM WAS REGISTERED AGAINST 1ST ACCUSED.**
**ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION 173(2) OF CR.P.C. AND THE CASE IS REGISTERED AS C.C.826/2014 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E.O.) ERNAKULAM.**
**RESPONDENT(S) ANNEXURES : NIL**
## **APPENDIX OF CRL.MC NO.8818/2017**
## **PETITIONER(S) ANNEXURES:**
**ANNEXURE I A TRUE COPY OF THE POWER OF ATTORNEY DATED 5.8.2004. ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15.1.2015 ISSUED BY THE 3RD ACCUSED AJAY GEORGE TO THE PETITIONER.**
**ANNEXURE III THE CERTIFIED COPY OF THE FIR DATED 28.4.2012 IN CRIME NO. 580/2012 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE) ERNAKULAM WAS REGISTERED AGAINST 6 ACCUSED. ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT DATED 28.4.2012 FILED BY SECOND RESPONDENT UNDER SECTION 173(2) OF CR.P.C. AND THE CASE IS REGISTERED AS C.C.605/2014 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E.O.) ERNAKULAM.**
## **RESPONDENT(S) ANNEXURES: NIL**
**APPENDIX OF CRL.MC NO.8823/2017**
## **PETITIONER(S) ANNEXURES:**
**ANNEXURE I A TRUE COPY OF THE POWER OF ATTORNEY DATED 5.8.2004. ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15.1.2015 ISSUED BY THE 1ST ACCUSED AJAY GEORGE TO THE PETITIONER.**
**CRL.MC.NO.8501 OF 2017 & 21 connected cases**
## **ANNEXURE III**
**THE CERTIFIED COPY OF THE FIR DATED 12.03.2012 IN CRIME NO.368/2012 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE) ERNAKULAM.**
**ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION SECTION 173(2) OF CR.P.C. AND THE CASE IS REGISTERED AS C.C.828/2014 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E.O.) ERNAKULAM DATED 12.03.2012.**
## **RESPONDENT(S) ANNEXURES: NIL**
**APPENDIX OF CRL.MC NO.445/2018 PETITIONER(S) ANNEXURES: ANNEXURE 1 A TRUE COPY OF THE POWER OF ATTORNEY DATED 5.8.2004. ANNEXURE 11 A TRUE COPY OF THE CERTIFICATE DATED 15.1.2015 ISSUED BY THE FIRST ACCUSED AJAY GEORGE TO THE PETITIONER. ANNEXURE 111 THE CERTIFIED COPY OF THE FIR DATED 9.8.2015 IN CRIME NO.950/2015 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE) ERNAKULAM WAS REGISTERED AGAINST 1ST ACCUSED. ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION 173(2) OF CR.PC AND THE CASE IS REGISTERED AS CC.191/2016 ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (EO) ERRNAKULAM.**
## **RESPONDENT(S) ANNEXURES: NIL**
|**PETITIONER(S) ANNEXURES**|**APPENDIX OF CRL.MC NO.455/2018**<br>**:**<br>**A TRUE COPY OF THE POWER OF ATTORNEY DATED**<br>**5/8/2004.**<br>**A TRUE COPY OF THE CERTIFICATE DATED 15/1/2015**<br>**ISSUED BY THE FIRST ACCUSED AJAY GEORGE TO THE**<br>**PETITIONER.**<br>**THE CERTIFIED COPY OF THE FIR DTD.9/8/2015 IN CRIME**<br>**NO.949/2015**<br>**FILED**<br>**BEFORE**<br>**THE**<br>**ADDITIONAL**<br>**CHIEF**|
|---|---|
|<br>**ANNEXURE I**<br>**ANNEXURE II**<br>**ANNEXURE III**||
**CRL.MC.NO.8501 OF 2017 & 22 connected cases**
**JUDICIAL MAGISTRATE COURT(ECONOMIC OFFENCE) ERNAKULAM.**
**ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION 173(2) OF CR.PC AND THE CASE IS REGISTERED AS CC 189/2016 ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT(E.O) ERNAKULAM**
## **RESPONDENT(S) ANNEXURES : NIL**
## **APPENDIX OF CRL.MC NO.1178/2018**
## **PETITIONER(S) ANNEXURES:**
**ANNEXURE I A TRUE COPY OF POWER ATTORNEY DATED 5/8/2004. ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15/1/2015 ISSUED BY THE FIRST ACCUSED AJAY GEORGE TO THE PETITIONER.**
## **ANNEXURE III**
**THE CERTIFIED COPY OF THE FIR DATED 28/3/2012 IN CRIME NO.438/2012 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT(ECONOMIC OFFENCE)ERNAKULAM.**
**ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION 173(2) OF CR.P.C. AND THE CASE IS REGISTERED AS CC.640/2014 ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT(E.O) ERNAKULAM.**
## **RESPONDENT(S) ANNEXURES: NIL**
## **APPENDIX OF CRL.MC NO.1180/2018**
## **PETITIONER(S) ANNEXURES :**
**ANNEXURE I A TRUE COPY OF THE POWER OF ATTORNEY DATED 5/8/2004. ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15/1/2015 ISSUED BY THE FIRST ACCUSED AJAY GEORGE TO THE PETITIONER.**
**ANNEXURE III THE CERTIFIED COPY OF THE FIR DATED 14/11/2015 IN CRIME NO.1347/2015 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE) ERNAKULAM.**
**CRL.MC.NO.8501 OF 2017 & 23 connected cases**
**SECOND RESPONDENT UNDER SECTION 173(2) OF CR.P.C AND THE CASE IS REGISTERED AS CC.300/2016 ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT(E.O) ERNAKULAM.**
## **RESPONDENT(S) ANNEXURES : NIL**
## **APPENDIX OF CRL.MC 1192/2018**
## **PETITIONER(S) ANNEXURES:**
**ANNEXURE I A TRUE COPY OF THE POWER OF ATTORNEY DATED 5.8.2004.**
**ANNEXURE II A TRUE COPY OF THE CERTIFICATE DATED 15.1.2015 ISSUED BY THE FIRST ACCUSED AJAY GEORGE TO THE PETITIONER.**
**ANNEXURE III THE CERTIFIED COPY OF THE FIR DATED 19.3.2015 IN CRIME NO.326/2015 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE), ERNAKULAM.**
**ANNEXURE IV THE CERTIFIED COPY OF THE FINAL REPORT FILED BY SECOND RESPONDENT UNDER SECTION 173(2) OF CR.P.C AND THE CASE IS REGISTERED AS CC 306/2015 ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E.O), ERNAKULAM.**
## **RESPONDENT(S) ANNEXURES: NIL**