JUDGMENT

Petitioners are the accused in C.C.No. 50/2011 pending before the Special Judge – I for CBI Cases, Ernakulam in which they along with other accused persons face allegations under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act besides under Sections 120B, 420, 468 and 471 of the Indian Penal Code. The petitioners contend that even though entire amount availed from the bank were repaid, the documents of title entrusted with the bank are not being returned, so that they moved Ext.P6 representation before the first respondent; since that request was not considered, they have moved this Court under Article 226 of the Constitution for issuing a writ of mandamus or any other writ, direction or order, directing the first respondent to consider Ext.P6 letter and release the documents.

2. I heard the learned counsel for the petitioners, the learned Standing Counsel for the first respondent and also the learned Central Government Counsel representing the second respondent.

3. It may be true that the loan amounts were repaid. But on their own showing, the allegation is that they had, in connivance with the Bank Manager had forged possession certificate and tax paid receipt for which they face criminal prosecution before the Special Judge for the trial of CBI cases, Ernakulam.

4. The learned Central Government Counsel representing the second respondent has submitted with the aid of Ext. R1(A) that sale deed Nos. 304/2004 of Sub Registry, Peermede and 2687/2004 of Sub Registry, Changanassery have already been produced before court and if they want the documents back, it can be done by moving appropriate petition under Section 451 of the Code of Criminal Procedure.

5. So long as the investigating agency has seized the documents and produced before court, the petitioners can resort course under Section 451 of the Cr.P.C. for getting back or for interim custody of the same.

With this observation, this writ petition is closed.

Sd/-

K.HARIPAL

JUDGE

DCS/19.11.2021 APPENDIX PETITIONER EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.304/2004.

EXHIBIT P2 THE TRUE COPY OF THE CHARGE SHEET IN C.C.50/2011 PPENDING BEFORE THE SPECIAL JUDGE I FOR CBI CASES THIRUVANANTHAPURAM DATED

13.7.2020.

EXHIBIT P3 THE TRUE COPY OF THE SALE AGREEMENT DATED

5.9.2019 BETWEEN THE PETITIONERS.

EXHIBIT P4 THE BANK STATEMENT OF THE 2ND PETITIONER FROM

5.9.2019 TO 25.10.2019.

EXHIBIT P5 THE NO DUE CERTIFICATES ISSUED BY THE IST RESPONDENT BANK DATED 29.10.2019.

EXHIBIT P6 THE TRUE COPY OF THE LETTER DATED 9.2.2021 ISSUED BY THE FIRST PETITIONER TO THE IST RESPONDENT.

RESPONDENT EXHIBITS EXHIBIT R1(A) TRUW PHOTOCOPY OF THE ACKNOLWDGEMENT RECEIVED ON 2.5.2011 FROM THE CBI OF THE ORIGINAL DOCUMENTS HANDED OVER BY THE BANK EXHIBIT R2(A) TRUW COPY OF THE CALENDER OF EVIDENE –

DOCUMENTARY IN RC9(E)/2010/CBI/SCB/TVPM