JUDGMENT :

Jagdish Singh Khehar, J.

1. Leave granted.

2. Respondents nos.4 to 7 herein describing themselves as members of the All Kerala Chemists and Druggists Association (hereinafter referred to as `the Association’), filed a written complaint to the City Police Commissioner, Ernakulam against respondent nos.1 to 3. Respondent No.1 – Mohana Kurup was the President of the Association during the relevant period from 2004 to 2006 and thereafter from 2006 to 2008. Respondent No.2 – Raveendran was the Secretary of the Association during the same period, and respondent no.3 – Sayed was the Treasurer of the Association during the relevant period. It was alleged in the complaint filed by respondent nos.4 to 7, that respondent nos.1 to 3, in furtherance of a criminal conspiracy, and with common intention, misappropriated huge amounts of funds of `the Association', by misusing their position as office bearers of `the Association'. On the basis of the complaint preferred by respondent nos.4 to 7, First Information Report bearing Crime No.675/2008 was registered at Central Police Station, Ernakulam.

3. Appellant No.2 in the present appeal – Giri Nair (also claiming to be an active member of the