IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 8^TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 WP(CRL.) NO. 373 OF 2021 PETITIONER:

T.S. REMADEVI, AGED 60 YEARS W/O. V. RADHAKRISHNA PILLAI, ANANDI, MANAKKARA, SASTHAMKOTTA P.O. KOLLAM 690 521, KOLLAM DISTRICT, KERALA STATE.

BY ADV. I.VINAYAKUMARI RESPONDENTS:

1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI 110 001.

2 MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, 'A' WING, SASTRI BHAVAN, RAJENDRA PRASAD BHAVAN, NEW DELHI 110 001.

3 CENTRAL BUREAU OF INVESTIGTION, REPRESENTED BY ITS DIRECTOR HAVING ITS HEAD OFFICE AT PLOT NO. 5-B, 6TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI 110003.

AND HAVING ITS SPECIAL CRIME BRANCH (SCB), OFFICE AT TC 1757/5, CBI OCR COMPLEX, MUTTATHARA, VALLAKADAVU P.O, THIRUVANANTHAPURAM 695 008.

4 RESERVE BANK OF INDIA (RBI), THOUGH ITS REGIONAL DIRECTOR, M BAKERY JUNCTION, SERVICE ROAD, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 003, REPRESENTED BY ITS REGIONAL DIRECTOR.

5 SECURITIES AND EXCHANGE BOARD OF INDIA, (SEBI), REPRESENTED BY ITS MANAGER, KOCHI LOCAL OFFICE OF THE SEBI, 6TH FLOOR, FINANCE TOWER, KALOOR, ERNAKULAM 682 017. 6 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

7 COMPETENT AUTHORITY, (UNDER SECTION 7 OF THE BANNING OF THE UNREGULATED DEPOSIT SCHEMES ACT, 2019). SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

8 THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, OFFICE OF THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, NANDAVANAM, THIRUVANANTHAPURAM 695 010.

9 STATION HOUSE OFFICER, SASTHAMKOTA POLICE STATION, (SI OF SASTHAMKOTTA POLICE STATION), SASTHAMKOTTA 690 521. 10 THOMAS DANIEL, S/O.T.K. DANIEL & MARYKUTTY DANIEL, POPULAR TOWERS, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT 689 698.

11 PRABHA THOMAS, W/O. THOMAS DANIEL, POPULAR TOWER, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT 689 698.

12 RINU MARIAM THOMAS, D/O. THOMAS DANIEL AND PRABHA THOMAS, POPULAR TOWER, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT 689 698.

13 RUBA MARY THOMAS, D/O. THOMAS DANIEL AND PRABHA THOMAS, POPULAR TOWER, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT 689 698.

14 RIYA ANN THOMAS, D/O. THOMAS DANIEL AND PRABHA THOMAS, POPULAR TOWER, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT 689 698.

15 MARYKUTY DANIEL , M/O. THOMAS DANIEL AND W/O. D.K. DANIEL, POPULAR TOWER, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT 689 698.

16 POPULAR TRADERS, REGISTERED OFFICE, POPULAR TOWERS, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT 689 698.

REPRESENTED BY ITS MANAGING PARTNERS.

17 M/S. POPULAR FINANCE, A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT POPULAR TOWERS, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT 689 698, REPRESENTED BY ITS MANAGING PARTNER THOMAS DANIEL.

R1 TO R5 BY ADV. K.M.JAMALUDHEEN R6 TO R9 BY SRI. K.R.RENJITH, SENIOR PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

When taken up, the learned Public Prosecutor has filed a statement of the Inspector of Police, Sasthamcotta. Paragraph 3 and 4 of the statement reads thus:-

“3. It is submitted that the petition filed by the complainant was clubbed in FIR No. 2148/2020, u/s. 403, 420, 120(b) & 34 IPC, Sec 5 of Kerala protection of interest of deposit in financial establishment Act 2013 & Sec 3 r/w 21(2), (3), (5) read with 23, 25 of banning of unregulated deposit scheme Act

2019 of Sasthamcotta Police Station.

4. It is further submitted that the said case (Cr. 2148/2020 was transferred to Central Bureau of Investigation, Special Investigation team Cochin on 24.03.2021 for further investigation as per the order of State Police Chief bearing No. T3-159338/2020 PHQ Dated 12.12.2020. The said case CD file was received by the S.I.T. Of CBI, Cochin, on the same day vide the receipt memo da