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

TH WEDNESDAY, THE 6 DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 CRL.MC NO. 3713 OF 2018 CC 186/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, DEVIKULAM CRIME NO.1175/2017 OF MUNNAR POLICE STATION PETITIONERS/3RD ACCUSED:

K.JAYASANKAR S/O. KRISHNA PILLAI, LEKSHMI NIVAS, VYMEETHI, CHATHARI, TRIPUNITHURA.

BY ADVS.

SRI.PHILIP T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.V.T.LITHA SRI.THOMAS T.VARGHESE RESPONDENT:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, MUNNAR POLICE STATION, MUNNAR - 685 612.

BY ADV.

ADV. RANJIT GEORGE – SR. PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

06.04.2022, ALONG WITH Crl.MC.3315/2018, 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.

TH WEDNESDAY,THE 6 DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 CRL.MC NO. 3315 OF 2018 CC 186/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, DEVIKULAM PETITIONERS/ACCUSED NOS.1 & 2:

1 SHIJU.C.M AGED 45 YEARS S/O.MATHAI, AGED 45 YEARS, RESIDING AT CHAKKUMKUDIYIL, 14TH MILE, VALARA P.O, IDUKKI DISTRICT, PIN - 685 561.

2 BIJU AGED 46 YEARS S/O.PAPPU, SANDHYA DEEPAM HOUSE, PUTHUPPALLY LANE, PATTOM, TRIVANDRUM.

BY ADVS.

SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY ADVS.

SRI.SUMAN CHAKRAVARTHY, SR. GOVT.PLEADER SRI.RANJIT GEORGE, SR.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.04.2022, ALONG WITH Crl.MC.3713/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

[Crl.MC Nos.3713/2018, 3315/2018]

These Crl.M.Cs. are filed by the accused in Crime No.1175/2017 of Munnar Police Station, which is now pending as C.C. No.186/2018 before the Judicial First Class Magistrate Court, Devikulam. Crl.M.C. No.3315/2018 is filed by the accused Nos.1 and 2 and Crl.M.C. No.3713/2018 is filed by the 3^rd accused. For the purpose of convenience Crl.M.C. No.3315/2018 is treated as the leading case and the documents are referred to in the sequence as in the said Crl. M.C.

2. The facts which led to the registration of the aforesaid crime are as follows: On 17.11.2017, the then Minister of Public Works Department conducted an inspection in the Rest House run by the Public Works Department at Munnar. During the said inspection, it was found that the responsible officers of the Public Works Department were not present therein, and the Occupation Register of the Rest house was found kept in the nearby hotel named “Mermaid Hotel”, which is run by a company in which the 3^rd accused is the Managing Director. Immediately the matter was informed to the Police and the Police party came. Based on the same Annexure III First Information Report was registered against the petitioners herein for the offences punishable under Sections 408, 409, 465, 468, 471, 201, 420 read with Section 34 of the Indian Penal Code. An investigation was conducted and based on the same, Annexure IV Final Report was submitted against the accused. The 1^st petitioner was the Assistant Engineer, whereas the 2^nd petitioner was Assistant Executive Engineer of the Public Works Department. The 3^rd accused is the Managing Director of the company running the hotel named “Mermaid Hotel.”

3. The allegation in the Final Report is that, with the intention to cheat and to cause unlawful loss to the Government, the accused Nos.1 and 2 have entrusted three rooms of the PWD rest house to the 3^rd respondent to rent it out to 3^rd persons and thereby to made unlawful gains. It was also alleged that the Occupation Register which was to be kept in the Rest House, was found on the premises of the hotel run by 3^rd accused. These Crl.M.Cs. are filed for quashing all further proceedings pursuant to Annexure IV Final Report.

4. Heard Sri.C.S. Manilal, learned counsel appearing for the petitioner