2025:KER:23196 CRL.MC NO. 2277 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 CRL.MC NO. 2277 OF 2025 CRIME NO.150/2025 OF ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM PETITIONER: SOMANADHAN M AGED 63 YEARS S/O MADHAVANPILLAI, SUMTHRUPTHY(H), MUNDELA P.O., VELLAMAD, THIRUVANANTHAPURAM, PIN - 695543 BY ADVS. JIBU P THOMAS KULATHUR S.V. PREMAKUMARAN NAIR DEVIKA VISWOM SNEHA SABU RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES NEDUMANGAD( PART TIME ADMINISTRATOR RAJIV GANDHI RESIDENCE WELFARE CO-OPERATIVE SOCIETY NEDUMANGAD), OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), NEDUMANGAD, 2025:KER:23196 CRL.MC NO. 2277 OF 2025 2 THIRUVANANTHAPURAM RURAL, KERALA, PIN - 695541 BY SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23196 CRL.MC NO. 2277 OF 2025 3 ORDER The challenge in this Crl.M.C is against the crime registered as per Annexure A1 FIR, wherein the petitioner is arrayed as the 11th accused. 2. Learned counsel for the petitioner contends that his client, who has been arrayed as an accused, was neither a Managing Committee Member nor an employee of the Society, but only a depositor, as evidenced by Annexure A2 certificate. It is also contended that the investigation is based on an enquiry conducted under Section 65 of the Kerala Co-operative Societies Act and there is no mention even in the enquiry report regarding the petitioner’s complicity. 3. Learned Public Prosecutor submits that petitioner is the brother of the former President of the Society, who is no more. The prosecution has a case that the President had siphoned off funds and deposited it in the petitioner's name, which was later transferred to the President’s account. 4. Having heard the learned counsel on either side, this Court is of the opinion that it is too premature a stage to 2025:KER:23196 CRL.MC NO. 2277 OF 2025 4 challenge the investigation. The Crl.M.C is hence closed, without expressing any opinion on merits and leaving it open for the petitioner to approach this Court at a later stage, if so warranted. Sd/- V.G.ARUN JUDGE SPV 2025:KER:23196 CRL.MC NO. 2277 OF 2025 5 APPENDIX OF CRL.MC 2277/2025 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 06.02.2025 IN CRIME NO.150/2025 OF ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM ANNEXURE A2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY IN CHARGE OF RAJIV GANDHI RESIDENCE WELFARE CO-OPERATIVE SOCIETY, NEDUMANGAD RESPONDENT’S ANNEXURES : NIL //TRUE COPY// PA TO JUDGE