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2022 Supreme(Online)(KER) 42334

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

TUESDAY,THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA, 1944 CRL.MC NO. 7815 OF 2022 PETITIONER/S:

1 BIGPLUS FIN TRADING PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR VINOD KUMAR,THRAYAMBAKAM COMPLEX, KUNDAMKUZHI. P.O., KASARAGOD, PIN - 671541

2 VINOD KUMAR, AGED 50 YEARS S/O. CHOYI (LATE), CHINNULAL, KUNDAMKUZHI POST, KASARAGODE, PIN - 671541 BY ADVS.

BONNY BENNY M.RAMESH CHANDER (SR.)

BALU TOM GOVIND G. NAIR BEJOY JOSEPH P.J.

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

2 STATION HOUSE OFFICER BEDAKOM POLICE STATION, BEDAKOM -602 105.

KASARAGOD DISTRICT., PIN - 602105

3 ICICI BANK KANHANGAD BRANCH REPRESENTED BY ITS BRANCH MANAGER, KANHANGAD, PIN - 671315

4 THE SOUTH INDIAN BANK CHERKALA BRANCH REPRESENTED BY ITS BRANCH MANAGER, CHERKALA - 671 542., PIN - 671542 BY ADVS.

P.PAULOCHAN ANTONY P SRI. M.P. PRASANTH,SR. P.P.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.12.2022, ALONG WITH Crl.MC.7819/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

TUESDAY,THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA,1944 CRL.MC NO. 7819 OF 2022 PETITIONER/S:

1 D. VINOD KUMAR AGED 50 YEARS CHINNULAL, KUNDAMKUZHI POST, KASARAGODE, PIN -

671541

2 MUHAMMED RAZAK. A.C., AGED 41 YEARS S/O. B.EBRAHIM, NALTHADKA, ALAMBADI POST, KASARAGOD, PIN - 671123

3 C. SUBHASH AGED 47 YEARS S/O. A.V. SEKHARAN, MALLAKKARA HOUSE, PILICODE, KASARAGODE, PIN -

671310

4 GANGADHARAN NAIR. P AGED 66 YEARS S/O. KUNHAMBU NAIR, KRISHNAPURAM HOUSE, POOCHAKKADAN VALAPP, NEDUVOTTUPARA, PERIYA P.O., KASARAGODE, PIN - 671316

5 PREEJITH C.P., AGED 40 YEARS S/O. P.V. KRISHNAN, PUTHIYAVALAPPIL HOUSE, MANIYAT P.O., KASARAGODE ., PIN - 671310

6 RAJEESH P.V AGED 39 YEARS S/O. NARAYANAN V.V., PADINHAREVEETTIL, MANIYAT, KASARAGODE, PIN -

671310

7 GBG NIDHI LIMITED REPRESENTED BY ITS DIRECTOR D. VINOD KUMAR,THRAYAMBAKAM COMPLEX, KUNDAMKUZHI. P.O., KASARAGODE, PIN - 671541 BY ADVS.

BONNY BENNY M.RAMESH CHANDER (SR.)

BALU TOM GOVIND G. NAIR BEJOY JOSEPH P.J.

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

2 THE SOUTH INDIAN BANK CHERKALA BRANCH REPRESENTED BY ITS BRANCH MANAGER, CHERKALA, PIN - 671542

3 AXIS BANK KASARAGOD BRANCH REPRESENTED BY ITS BRANCH MANAGER, KASARAGOD - 671 121., PIN - 671121

4 STATE BANK OF INDIA KANHANGAD BRANCH REPRESENTED BY ITS BRANCH MANAGER, KANHANGAD, PIN - 671315 BY ADVS.

PUBLIC PROSECUTOR SRI. VIPIN NARAYANAN P.PAULOCHAN ANTONY P GILBERT GEORGE CORREYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.12.2022, ALONG WITH Crl.MC.7815/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 20th day of December, 2022 [Crl.M.C. Nos.7815 & 7819 of 2022]

In both these cases the petitioners are challenging the order freezing the bank accounts of the petitioners by the Police. Today, when this Crl.M.C.s came up for consideration, the learned Public Prosecutor upon instructions submitted that, as against the petitioners in these Crl.M.C.s, the offences under the provisions of Banning of Unregulated Deposit Schemes (BUDS) Act, 2019 have been incorporated. As part of the same, the bank accounts of the petitioners were already attached invoking the provisions under the said Act.

2. Since the bank accounts of the petitioners were already attached as per the orders passed by the Special Court constituted under BUDS Act, the remedy of the petitioner is to approach this Special Court by submitting necessary applications in this regard.

In such circumstances, no further orders are necessary in these Crl.M.C.s. Accordingly, these Crl.M.C.s are closed without prejudice to the rights and remedies of the petitioners.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

ncd

APPENDIX OF CRL.MC 7815/2022 PETITIONER ANNEXURES Annexure A1 PHOTOSTAT COPY OF THE FIRST INFORMATION REPORT DATED 28.10.2022.

APPENDIX OF CRL.MC 7819/2022 PETITIONER ANNEXURES Annexure A1 PHOTOSTAT COPY OF THE FIRST INFORMATION REPORT DATED 28.10.2022.

Annexure A2 PHOTOSTAT COPY OF THE CERTIFICATE OF INCORPORATION DATED 17.11.2020.

Annexure A3 PHOTOSTAT COPY OF THE REPRESENTATION TO THE DISTRICT POLICE CHIEF, KASARAGODE.

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