MOONILAVU SERVICE CO-OPERATIVE SOCIETY LTD. NO.K-163 v. STATE OF KERALA

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 THE DIRECTOR, VIGILANCE ANTI CORRPTION BUREAU P.MG, VIKAS BHAVAN PO, OPPOSITE KSRTC DEPOT, THIRUVANANTHAPURAM, PIN - 695033 THE SUPERINTENDENT VIGILANCE ANTI CORRUPTION BUREAU , KOTTAYAM UNIT, SUBJAIL ROAD, NEAR COLLECTORATE, COLLECTORATE, KOTTAYAM,, PIN - 686002 OTHER PRESENT: RAJESH A SPL GP VIG..REKHA SR PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON

11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) NO. 46 OF 2024 2 K.BABU, J. ------------------------------------ WP(Crl.).No.46 of 2024 -------------------------------------- Dated this the 11th day of January, 2024 J U D G M E N T The prayers in this WP(Crl.) are as follows:- “(i) Issue a writ of mandamus or any appropriate writ, order or direction to the respondents to array the S.Sajeev, who was the secretary of the Society from 2002 to 2012 as an accused in the case. (ii) Issue a writ of mandamus or any appropriate writ, order or direction to the respondents to array the former Director Board members of the petitioner Society from the period 2004 to 2013 (as per Ext.P4), as accused in the case. Issue a writ of mandamus or any appropriate writ, order (iii) or direction to the respondents to array the 93 loanees as per Ext.P5 bank statement as accused in the case. Issue a writ of mandamus or any appropriate writ, order (iv) or direction to the respondents to incorporate sec.465, 468 & 471 I.P.C in the case. Issue writ of mandamus or any appropriate writ, order or (v) direction to the respondents to register separate crimes for different transactions. Grand such other relief as this Hon’ble court deems fit (vi) and proper to grant in the facts and circumstances of the case.”

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the Vigilance Anti-Corruption Bureau.

3. The petitioner contends that the matter relates to misappropriation of funds in the Moonilavu Service WP(CRL.) NO. 46 OF 2024 3 Co-operative Society Ltd., in Kottayam District. The petitioner is the Co-operative Society itself. The grievance of the petitioner is that the VACB has not considered the role of some of the persons involved in the scam. The grievances of the petitioner are highlighted in grounds A to E which are extracted below; “A. The Vigilance department proceeded on a totally wrong premise that the 93 fraudulent loans were sanctioned during period between 2013 to 2018. The preliminary Enquiry Report, itself the statement of the former Secretary Beena Kumari that almost all the loans were sanctioned in the year 2005 onwards, and renewed every year so as to make it appear that it was fresh loan. B. The involvement of. S.Sajeev, who was the secretary 2002 to 2012 was discarded by the Vigilance department without any reasons. His involvement was stated by the present secretary in Ext.P1 series and former secretary Beenkumari, which was not taken note of by the vigilance department. C. The Ext.P5 Bank statement would clearly shows that these loans were sanctioned from 2005 onwards. This fact was revealed during the preliminary enquiry itself, but not acted upon. D. The involvement of Director Board members during the period 2004 to 2013 is well evident from the Ext.P5 bank statement as well as illegal closure and illegal renewal on the same day. In most of the loans, shares were taken and Gehans were registered in the period 2004 - 2013 WP(CRL.) NO. 46 OF 2024 4 E. The loanees were portrayed as innocent victims and illegal closure and illegal renewal on the same day would establish their conspiracy with the Secretary and Director Board members. Due to the defunct investigation the Society is unable to pay the depositors money in time. If the 93 loanees, director board members and Former secretary Sajeev.S is proceed against, then Society will be able to realise recover the siphoned money”.

4. The learned Special Government Pleader submitted that the VACB will consider whatever inputs brought before them by the petitioner during the course of the investigation. If the petitioner provides inputs for facilitating the investigation, the VACB will consider the same. They are at liberty to submit representation before the VACB. The VACB will also consider the allegations in Ext.P1 series complaints. Therefore, the writ petition is closed. The learned counsel for the petitioner submits that the VACB has not taken into account Ext.P1 series complaints. I am sure that the VACB will consider the allegations in Ext.P1 series in the investigation. Sd/- K.BABU, JUDGE WP(CRL.) NO. 46 OF 2024 5 APPENDIX OF WP(CRL.) 46/2024 PETITIONER EXHIBITS Exhibit P1(a) Exhibit P1(b) Exhibit P1(c) Exhibit P1(d) Exhibit P1(e) Exhibit P1(f) Exhibit P1(g) Exhibit P1(h) Exhibit P1(i) Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 THE TRUE COPY OF THE COMPLAINT AGAINST FIVE LOANEES & OTHERS DATED 19-03-2022 THE TRUE COPY OF THE COMPLAINT AGAINST FIVE LOANEES & OTHERS DATED 19-03-2022 THE TRUE COPY OF THE COMPLAINT AGAINST THIRTY TWO PERSONS INCLUDING LOANEES DATED 19-03- 2022 THE TRUE COPY OF THE COMPLAINT AGAINST TWENTY TWO PERSONS INCLUDING LOANEES DATED 19-03- 2022 THE TRUE COPY OF THE COMPLAINT AGAINST TWENTY ONE PERSONS INCLUDING LOANEES DATED 19-03- 2022 THE TRUE COPY OF THE COMPLAINT AGAINST SEVENTEEN PERSONS INCLUDING LOANEES DATED 24- 03-2022 THE TRUE COPY OF THE COMPLAINT AGAINST THIRTY THREE PERSONS INCLUDING LOANEES DATED 19-03- 2022 THE TRUE COPY OF THE COMPLAINT AGAINST TWENTY SEVEN PERSONS INCLUDING LOANEES DATED 19-03- 2022 THE TRUE COPY OF THE COMPLAINT AGAINST TWENTY PERSONS INCLUDING LOANEES DATED 19-03-2022 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 29-09- 2022 TRUE COPY OF THE PRELIMINARY ENQUIRY REPORT NO. PE 9/2022/KTM DATED 30-05-2023 THE TRUE COPY OF THE CHART PREPARED BY THE PETITIONER SHOWING THE MEMBERS OF THE DIRECTOR BOARD AND VALUATION COMMITTEE FOR THE PERIOD FROM 2004 TO 2013 THE TRUE COPY OF THE BANK STATEMENT OF THE 93 LOANEES SHOWING THE COMMENCEMENT OF THE LOANS TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 07-07-2023 TRUE COPY OF THE F.I.R IN CRIME NO. VC09/20203/KTM DATED 12-07-2023 TRUE COPY OF THE RESOLUTION NO. CR NO. V/14/08/12/2023 PASSED BY THE BOARD OF DIRECTORS WP(CRL.) NO. 46 OF 2024 6