Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945 CRL.MC NO. 11242 OF 2023 CRIME NO.985/2023 OF Mattannur Police Station, Kannur PETITIONERS:
1 JEENA MOL JOY AGED 38 YEARS D/O. JOY.A.J., DIRECTOR, RINGS PROMOS PRIVATE LIMITED, 583 C SEE PORT AIRPORT ROAD, THRIKKAKKARA, KOCHI, ERNAKULAM DISTRICT, ARACKAL HOUSE, VISHNUPURAM TEMPLE ROAD, NEAR GOVT. HOMEO DISPENSARY, CHERANELLUR, ERNAKULAM., PIN - 682034 2 ABIN CHERIAN AGED 34 YEARS S/O. ELSAMMA, MANAGER RINGS PROMOS PRIVATE LIMITED, 583 C SEE PORT AIRPORT ROAD, THRIKKAKKARA, KOCHI, ERNAKULAM DISTRICT, ARACKAL HOUSE, VISHNUPURAM TEMPLE ROAD, CHERIAN, PURACKEL, PULINCUNNOO, ST. MARYS CHURCH, PULINKUNNU, ALAPPUZHA., PIN - 688504 3 SARITHA.C.R.
AGED 43 YEARS W/O. VENUGOPAL, OFFICE STAFF, RINGS PROMOS PRIVATE LIMITED, 583 C SEE PORT AIRPORT ROAD, THRIKKAKKARA, KOCHI, ERNAKULAM DISTRICT, KIZHAVANA MADOM, 45 DIVISION, KOCHI CORPORATION, PACHALAM, ERNAKULAM, PIN - 682012 4 SRUTHI OFFICE STAFF, RINGS PROMOS PRIVATE LIMITED, 583 C SEE PORT AIRPORT ROAD, THRIKKAKKARA, KOCHI, ERNAKULAM DISTRICT., PIN - 682021 BY ADVS.
M.SASINDRAN MRINAL CHAND M.
SIDHARTH P. SASI SATHEESHAN ALAKKADAN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATE POLICE CHIEF VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010 3 THE DISTRICT POLICE CHIEF
CRL.MC NO. 11242 OF 2023 2 ERNAKULAM, PIN - 682011 4 THE DISTRICT POLICE CHIEF THALAP, KANNUR, PIN - 670002 5 THE STATION HOUSE OFFICER MAYYIL POLICE STATION, MAYYIL, KANNUR DISTRICT, PIN - 670602 6 THE STATION HOUSE OFFICER THRIKKAKKARA POLICE STATION, ERNAKULAM DISTRICT, PIN - 682021 7 VINODKUMAR.K.E.
AGED 53 YEARS S/O. DAMODARAN NAMBIAR, SOUPARNIKA, THILLANKERI, THILLANKERI.P.O. KANNUR DISTRICT, PIN - 670702 8 VINOD S/O. KRISHNANKUTTY, LATHI NIVAS, ALIYAD, ALIYAD DESOM, KOLIYAKODE VILLAGE, THIRUVANANTHAPURAM, PIN - 695607 9 SHARAN.P.R.
AGED 32 YEARS S/O. E.PRAKASH MOHAN, 'ASHOKIRAN', DHARMADAM, THALASSERY, KANNUR DISTRICT, PIN - 670101 10 SHAMAL MOOSAPPI KALLINGEEL S/O. ABOOBACKER, SEASHAN GHAR, VETHILAPALLI VAYAL, MARAKKARKANDY, P.O.THANA, KANNUR DISTRICT, PIN - 670012 11 JOBY THOMAS S/O. THOMAS.T.A., PAREL THEKKETHIL HOUSE, MANIKKADAN, NICHIYAD AMSOM, KANNUR DISTRICT, PIN - 670705 12 AHEEJA D/O. ASMABI, AJ MANZIL, VISHNUMANGALA, MANJAMALA DESOM, MELTHONNACKAL VILLAGE, THIRUVANANTHAPURAM, PIN - 695317 13 ELJU JOHNY S/O. JOHNY, CHANGACHERIL HOUSE, KADAMATTAMKARA, AIKKARANAD NORTH VILLAGE, ERNAKULAM, PIN - 682310 14 ABDUL KAREEM S/O. MAMMU, KIZHAKKOOTTATHIL HOUSE, MOOLAD, KOZHIKODE DISTRICT, PIN - 673614 15 NEENAMOL.K.JOSE D/O. NITHIN, CHEROLICKAL, PALAYAM, PULIYANNOOR, KOTTAYAM DISTRICT, PIN - 686573
CRL.MC NO. 11242 OF 2023 3 OTHER PRESENT:
SRI. M.C. ASHI (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 11242 OF 2023 4 BECHU KURIAN THOMAS, J.
----------------------------------------- Crl.M.C. No. 11242 of 2023 ---------------------------------------- Dated this the 17th day of January, 2024 ORDER The relief sought for in this Crl.M.C. are as follows:
“i)quash Annexure AXI FIR in Crime No.985/2023 of Mattannore Police Station, Kannur District.
ii) direct the 2nd respondent to issue appropriate directions to ensure that on registering crimes if any against the petitioners based on the complaints of the respondents 7 to 15 in connection with the transaction of Rings Promos Private Limited, in the event of arrests, to release the petitioners, without detention;
iii) In the alternative, command the respondents 1 to 6 to issue notice under Section 41 A of the Cr.P.C., before proceeding to arrest the petitioners, in any crime, registered based on the complaints of the respondents 7 to 15 or in similar nature of time;
iv) declare that the attempt of arrest or recording the arrest of the petitioners, repeatedly, in multiple complaints filed with short intervals by a group of persons involving contractual obligations, is unjust, invalid and not permissible.
v) issue any other appropriate order or direction as this Hon’ble court may deem fit in the facts and circumstances of the case;”
CRL.MC NO. 11242 OF 2023 5 2. Petitioners are accused in several cases registered before different police stations. They allege that they have no direct role in the alleged offence and also that they have been implicated solely because the 1st petitioner had occupied the position of a Director of a Company by name Rings Promos Pvt.Ltd. While the remaining petitioners were only employees of the company, it is alleged that the Managing Director and a few of the other Directors were in custody for several days, and finally they were released on bail. Subsequently, several other complaints are being preferred by different persons based on similar allegations.
3. By a judgment dated 13-10-2023, a learned Single Judge of this Court issued directions that in all crimes, registered after that date, against those persons who had already been arrested in the crime, shall be only after Section 41A Cr.P.C., requirements are complied with.
4. Since the main accused in the crime has already been arrested and subsequently released on bail after undergoing incarceration for several days, and considering the nature of the allegations against the petitioners and taking into reckoning that petitioners 1, 3 and 4 are ladies, I am of the view that the benefit of Section 41A of the Cr.P.C ought to be accorded to the
CRL.MC NO. 11242 OF 2023 6 petitioners as well, as directed in Anneure-A21 order of this Court.
5. In the above circumstances, this Crl.M.C is disposed of by directing that if the Investigating Officer requires the presence of petitioners in Crime No.985/2023 of Mattannoor Police Station, the procedure contemplated under Section 41A of Cr,P.C., shall be followed. However, in case their arrest is required, the directions in the decisions in Satendra Kumar Antil v. Central Bueau of Investigation (2021) 10 SCC 773 shall be scrupulously complied with.
6. Needless to mention, in case the petitioners are arrested, the learned Magistrate shall scrutinize the need for any detention in such cases.
The Crl.M.C is disposed of.
BECHU KURIAN THOMAS JUDGE AJM
CRL.MC NO. 11242 OF 2023 7 APPENDIX OF CRL.MC 11242/2023 PETITIONER ANNEXURES Annexure AI A TRUE COPY OF THE CERTIFICATE, HAVING PERMANENT ACCOUNT NO.AA1CR0775Q, ISSUED BY THE REGISTRAR OF COMPANIES Annexure AII A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE SPECIAL RESOLUTION CONFIRMING ALTERATION OF OBJECT CLAUSES Annexure AIII A TRUE COPY OF THE REGISTRATION OF CERTIFICATE FOR GST, DATED 02.07.2020 HAVING REGISTRATION NO.32AAICR0775Q2ZU, ISSUED ON BEHALF OF GOVERNMENT OF INDIA Annexure AIV A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF TRADE MARK DATED 09.07.2020 IN FAVOUR OF THE COMPANY WITH THE REGISTERED LOGO OF THE COMPANY Annexure AV A TRUE COPY OF THE LICENSE DATED 24.10.2022 ISSUED IN FAVOUR OF THE PETITIONER COMPANY FOR MEAT PROCESSING UNIT Annexure AVI A TRUE COPY OF THE LICENSE DATED 07.10.2022 IN RESPECT OF THE TRADE - RETAIL BUSINESS INCLUDING FISH AND FISH PRODUCTS, FOODS MEAT, SALT SPICES ETC.
Annexure AVII A TRUE COPY OF THE AGREEMENT ENTERED BETWEEN THE COMPANY AND ONE OF THE FRANCHISE NAMELY PRAYAG.O.C., DATED 13-02-2023 Annexure AVIII A TRUE COPY OF THE AGREEMENT DATED 14-09-2022 FOR GREEN STORE FRANCHISEE AGREEMENT WITH ONE PRAYAG.O.C.
Annexure AIX A TRUE COPY OF THE COMPLAINT DATED 20-06-2023, SUBMITTED BY ONE OF THE DIRECTOR BEFORE THE POLICE Annexure AX A TRUE COPY OF THE LAWYER NOTICE ISSUED TO THE ABOVE SAID PRAYAG, FOR AND ON BEHALF OF THE COMPANY Annexure AXI A TRUE COPY OF THE FIR IN CRIME NO.985/2023 OF MATTANNORE POLICE
CRL.MC NO. 11242 OF 2023 8 STATION, KANNUR DISTRICT Annexure AXII A TRUE COPY OF THE FIR IN CRIME NO.1271/2023 OF VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM Annexure AXIII A TRUE COPY OF THE FIR IN CRIME NO.988/2023 OF TELLICHERRY POLICE STATION, KANNUR DISTRICT Annexure AXIV A TRUE COPY OF THE FIR IN CRIME NO.1224/2023 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT Annexure AXV A TRUE COPY OF THE FIR IN CRIME NO.588/2023 OF ULIKKAL POLICE STATION, KANNUR DISTRICT Annexure AXVI A TRUE COPY OF THE FIR IN CRIME NO.1282/2023 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure AXVII A TRUE COPY OF THE FIR IN CRIME NO.598/2023 OF PUTHENCRUZE POLICE STATION, ERNAKULAM DISTRICT Annexure AXVIII A TRUE COPY OF THE FIR IN CRIME NO.734/2023 OF PERAMBRA POLICE STATION, KOZHIKODE DISTRICT Annexure AXIX A TRUE COPY OF THE FIR IN CRIME NO.1631/2023 OF PALAI POLICE STATION, KOTTAYAM DISTRICT Annexure AXX A TRUE COPY OF THE ORDER DATED 21.09.2023 IN CRL.M.P.NO.2487/2023 OF SESSIONS COURT, KOTTAYAM Annexure AXXI A TRUE COPY OF THE ORDER IN CRL.M.C.NO. 8291 OF 2023 DATED 13.10.2023 TRUE COPY