2025:KER:29046 Crl.M.C.No.2151/2020 -:1:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 CRL.MC NO. 2151 OF 2020 CRIME NO.1990/2017 OF KAYAMKULAM POLICE STATION, ALAPPUZHA AGAINST THE ORDER IN CC NO.815 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM PETITIONER/ACCUSED: RAJAGOPAL@SWAMI, AGED 57 YEARS, SREEVALSOM HOUSE,VIVEKANANDA COLONY, KUNNATHOORMEDU.P.O, PALAKKAD. BY ADVS.V.S.CHANDRASEKHARAN SRI.M.V.DAS SMT.LEKSHMI SWAMINATHAN SMT.K.P.AMRUTHA RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA KAYAMKULAM POLICE STATION,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA-682031. 2 SUB INSPECTOR OF POLICE, KAYAMKULAM-690572. SMT. SEETHA S., SR. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:29046 Crl.M.C.No.2151/2020 -:2:- O R D E R The petitioner is the 9th accused in C.C.No.815/2019 on the files of the Judicial First Class Magistrate Court, Kayamkulam. The crime alleged against him is that he, along with other accused, committed the offence under Section 120B of the Indian Penal Code, 1860, and Section 5 read with Section 7 of the Specified Bank Notes (Cessation of Liabilities) Act, 2017. 2. The case was registered by the Kayamkulam Police pursuant to the seizure of Rs.7,92,38,000/- demonetized notes from the possession of accused Nos.1 to 5, while they were transporting the above notes in two vehicles on 18.08.2017 through Kollam-Alappuzha National Highway at a place near Oachira Vadakke Pallimukku. The investigation further revealed that accused Nos.1, 2 and 6 had entrusted the above demonetized notes to the petitioner herein for keeping it, and that it is from his possession that these notes were taken and transported by accused Nos.1 to 5 from Palakkad to Kayamkulam. 3. In the present petition, the petitioner would contend that none of the offences alleged against him are attracted in the facts and circumstances of this case. 2025:KER:29046 Crl.M.C.No.2151/2020 -:3:- 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala. 5. On going through the final report filed in this case and the records relied on by the investigating agency, it is seen that the investigating agency has garnered the requisite materials that would show that the demonetized notes seized in this crime were being kept by the petitioner herein, and that it is from his custody that those notes were taken and transported to Kayamkulam from Palakkad. CW3, CW8, CW9 and CW13, are the witnesses cited by the investigating agency to establish the involvement of the petitioner in the crime. It is not possible for this Court to sit on judgment on the acceptability of the above evidence, which the prosecution proposed to adduce before the Trial Court, in support of the accusations against the petitioner herein. The truth or falsity of the aforesaid materials is to be decided by the Trial Court, after evaluating the evidence adduced by the prosecution. The termination of the prosecution proceedings against the petitioner at this stage cannot be done, since the materials relied on by the prosecution would prima facie bring home the offence alleged against him. In the above circumstances, the request of the petitioner to quash the 2025:KER:29046 Crl.M.C.No.2151/2020 -:4:- proceedings against him in C.C.No.815/2019 on the files of the Judicial First Class Magistrate Court, Kayamkulam, cannot be allowed. In the result, the petition is hereby dismissed. (Sd/-) G. GIRISH, JUDGE DST/04.04.25 2025:KER:29046 Crl.M.C.No.2151/2020 -:5:- APPENDIX PETITIONER ANNEXURES ANNEXURE 1 A TRUE COPY OF THE FIR DATED 19.08.2017 ANNEXURE 2 A TRUE COPY OF THE STATEMENT GIVEN BY MR.SUBRAMANIAM TO THE POLICE ANNEXURE 3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1990/17.