IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Crl.MC.No. 2681 of 2011 -------------------------------- CRIME NO.582/2011 OF ADIMALY POLICE STATION ............. PETITIONER/ACCUSED: BENNY THOMAS, S/O.THOMAS, KUNNUMPURATH HOUSE, RAJAPURAM, MURICKASSERY, KONNATHADY VILLAGE. BY ADV. SRI.VIJAI MATHEWS RESPONDENTS/STATE & COMPLAINANT: 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031. 2. SI OF POLICE, ADIMALY POLICE STATION. 3. C.K.MOHANAN, AGED 44 YEARS, S/O.KRISHNAN, VASATHAMALIKA HOUSE, MANNAMKANDAM VILLAGE, ADIMALY-685 314. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD FOR R1 & 2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 2681/2011 ANNEXURE-A1 CERTIFIED COPY OF THE FIR IN CRIME 582/2011 OF ADIMALY POLICE STATION DT. 23.6.2011 & TRANSLATION ANNEXURE-A2 TRUE COPY OF THE COMPLAINT FORWARDED UNDER SECTION 156(3) CRPC DT. 22.6.2011 AND TRANSLATION ANNEXURE-A3 TRUE COPY OF THE BROCHURE ISSUED IN THE NAME UNIPAY 2U INTERNATIONAL DT. NIL ANNEXURE-A4 TRUE COPY OF THE MAHAZAR OF THE BROCHURE PRODUCED BEFORE JFCM ADIMALY DT. 24.6.2011 AND TRANSLATION ANNEXURE-A5 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE JFCM ADIMALY TO FREEZE THE ACCOUNT NO.30973829131 DT. 1.7.2011 AND TRANSLATION /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.2681 of 2011 ------------------------------------------- Dated this the 26th day of September, 2011 ORDER Petitioner is stated to be one of the accused in Crime No. 582/2011 of Adimaly Police Station. The allegation against the petitioner is that he cheated the defacto complainant in the name of a Company called UNPAY 2U Private Limited and thereby induced the defacto complainant to transfer an amount of `.1,57,500/- to a particular account which has been mentioned in the complaint. Petitioner contends that he is a poor insurance agent living in a remote village near Adimaly and he is also a victim of the fraud and cheating committed by the Company. At the initial stage, he was not arrayed as an accused. But on the basis of a complaint filed by the defacto complainant before the Magistrate, which was forwarded under Section 156(3) of Code of Criminal Procedure for investigation, he was also arrayed as an accused. Learned counsel submits that the brochure and other records produced would show that the Company which was manned by such officers committed the fraud. CRMC 2681/2011 2 2. Learned Public Prosecutor would submit that hundreds of persons were cheated by the Company. It is further pointed out by the learned counsel that the statement filed by the Sub Inspector of Police, Adimaly on 5.7.2011 would show that in the particular account of the Company more than one crore rupees is lying in deposit and the amount is likely to be withdrawn and that the account should be freezed. The investigation is still in progress. There is no evidence to show that the amount in deposits was repaid. Whether petitioner is innocent or roped in the crime without understanding the role of the petitioner is a matter which will certainly be considered by the investigating agency. The role of the petitioner has to be found out by the investigating agency. Since the investigation is only at the initial stage, it is not proper to delete the petitioner from the party array. Hence, no further direction can be issued at this stage. This petition is disposed of as stated above. (N.K.Balakrishnan, Judge) tkv