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2026 Supreme(Online)(Ker) 11106

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
LUCY KURIAKOSE & TONY C. MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SERGI JOSEPH THOMAS, SHRI.A.MOHAMMED
For the Respondents: SPECIAL PUBLIC PROSECUTOR SRI RAJESH.A, SENIOR PUBLIC PROSECUTOR SMT.REKHA.S, R2 BY SRI.K.P.SREEKUMAR

ORDER

Accused Nos.13 and 14 in C.C.No.36/2010 on the files of the Enquiry Commissioner and Special Judge, Kottayam are the petitioners herein and they seek quashment of Annexure A1 final repot in Crime No.6/1998/KTM (33) VACB, Kottayam, and C.C.No.36/2010.

2. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor in detail. Perused the records.

3. As per the final report, the prosecution alleges as under:

“That A1 being secretary, A4 being the president and A5 to A10 being members of Board of Directors and All being the Administrator of the Elangulam Service Co- operative Bank Ltd No 3576, Koorali (ESCB, Koorali) and as such being public servants in their official capacity by abusing their official position, entered into criminal conspiracy with A12, A13 and A14 with intention to misappropriate the funds of the said Bank and in furtherance of their criminal conspiracy Al, A4, A5 to A10 dishonestly and fraudulently resolved to pay Bill Discount advance (BDA) and Amended the Byelaw without the sanction of the Joint Registrar of Co- operative societies, Kottayam and A2 and A3 being the Managers of the said Elangulam Service Cooperative bank Ltd No 3576 join

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