IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 24^TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946 WP(CRL.) NO. 187 OF 2025 PETITIONER:

BUILD INDIA GREATER FOUNDATION BYPASS JN, OPP. CLOUD 9 HOTEL, THANKALAM, KOTHAMANGALAM, KERALA 686691 REPRESENTED BY ITS MANAGING DIRECTOR, ARUNDEV P.R, AGED 35 YEARS, PETTICKAL, OONNUKAL P.O.,KUTTAMANGALAM, ERNAKULAM, KERALA, PIN - 686693 BY ADVS.

MANU GOVIND PRAFUL SURENDRAN V.JOHN SEBASTIAN RALPH RESPONDENTS:

1 STATE OF KERALA THE STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 THE INVESTIGATING OFFICER FOR FIR NO.177/2025 OF KOTHAMANGALAM POLICE STATION. [THE DEPUTY SUPERINTENDENT OF POLICE, ECONOMIC OFFENCES WING, CRIME BRANCH CENTRAL UNIT - II, THRIPUNITHURA, ERNAKULAM; AS APPOINTED BY ORDER NO.D2-

26912/2025/PHQ DATED 10.02.2025 OF THE STATE POLICE CHIEF];

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031

3 THE PROFESSIONAL SERVICE INNOVATIONS CORROZONE, CUSAT P.O., KALAMASSERY, KERALA - 682022 REPRESENTED BY ITS PROPRIETOR, SRI. ANANTHU KRISHNAN AGED 28 YEARS, S/O. CR. RADHAKRISHNAN, CHOORAKULLANGARA. KUDAYATHUR P.O, THODUPUZHA IDUKKI, PIN - 685590 4 THE SOCIALBEE VENTURES LLP

55/1134 C, PLOT NO 58, 5TH CROSS RD, GIRINAGAR, KADAVANTHARA, ERNAKULAM, ERNAKULAM, KERALA, INDIA, 682020 REPRESENTED BY IT’S CHIEF EXECUTIVE OFFICER, ANANTHU KRISHNAN, AGED 28 YEARS, S/O. CR. RADHAKRISHNAN, CHOORAKULLANGARA. KUDAYATHUR P.O, THODUPUZHA IDUKKI, PIN - 685590

5 GRASSROOT IMPACT FOUNDATION NO. 4263 ANJIKATHU ROAD, CSEZ, CHITTETHUKARA, COCHIN SPECIAL ECONOMIC ZONE, ERNAKULAM, ERNAKULAM, KERALA, INDIA, 682037 REPRESENTED BY IT’S CHIEF EXECUTIVE OFFICER, ANANTHU KRISHNAN, AGED 28 YEARS, S/O. CR. RADHAKRISHNAN, CHOORAKULLANGARA. KUDAYATHUR P.O, THODUPUZHA IDUKKI, PIN - 685590

6 SRI.ANANTHU KRISHNAN AGED 28 YEARS, S/O. CR. RADHAKRISHNAN, CHOORAKULLANGARA. KUDAYATHUR P.O, THODUPUZHA IDUKKI, PIN - 685590

7 THE HDFC BANK REPRESENTED BY ITS BRANCH MANAGER IYYATTILMUKKU BRANCH, CHITTOOR ROAD, ERNAKULAM, PIN - 682011

8 THE HDFC BANK REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA II BRANCH, GROUND FLOOR MANOOL ARCADE, NEAR KSRTC BUS STAND, THODUPUZHA, IDUKKI, KERALA, PIN - 685584 P. NARAYANAN, SR. PP, P.SATHISAN, R7 & R8 BIJU P.PAUL THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

I have heard Sri.V.John Sebastian Ralph, the learned counsel for the petitioner, Sri.P.Narayanan, the learned Senior Public Prosecutor, representing respondent Nos. 1 and 2 and Sri.P.Sathisan, the learned Standing Counsel for respondent Nos. 7 and 8. Though notice has not been served to respondent Nos. 3 to 6, in the nature of the order going to be passed, their presence is not necessary.

2. The Station House Officer, Kothamangalam registered Ext.P5 FIR against respondent No.6 pursuant to a complaint preferred by the petitioner. The brief of the case is that the accused, while he was performing as the director of the firm by name “The Professional Service Innovations”, with fraudulent intention to earn-unlawful gain by cheating the complainant, offered to provide services and products at 50% of cost. Believing it, the complainant signed an agreement with the accused, for supplying the two-wheeler and household items at a rate of fifty percent margin. He fraudulently collected an amount of Rs.3,88,22,360/- from the complainant through the bank account of the accused. But he did not fulfil the promise or return the money received and thereby caused unlawful loss to the complainant. Several crimes were registered against respondent nos. 3 to 6 across the State. All those crimes were consolidated and a special investigating team was constituted as per Ext.P6 order passed by the State Police Chief. Now, respondent No.2 is investigating the crimes. The petitioner has approached this Court to direct the investigating officer in Ex