Kodakara Money Heist: Kerala High Court Dismisses Plea Seeking Further Probe With 10k Costs

The Kerala High Court imposed a cost of Rs 10,000 on an organisation seeking to entrust the investigation in the Kodakara money heist case to the Crime Branch or constitute a Special Investigation Team (SIT).Chief Justice S Manikumar and Justice Shaji P Chaly directed the petitioner to deposit the amount in the account created for helping children suffering from rare diseases within one month. In case of failure to make such payment, the State Police Chief was directed to address the District Collector to take action under the provisions of the Kerala Revenue Recovery Act, 1968.The petitioner Isacc Varghese, state president, All Kerala Anti-Corruption and Human Rights Protection Council had approached the Court seeking a direction to the State Police Chief to take action on the representation submitted by him seeking an effective investigation in the Kodakara matter and to entrust the investigation to Crime Branch or constitute an SIT under the supervision of an officer, not below the rank of ADGP.Advocate Mansoor B.H appeared on behalf of the petitioner and submitted that although an FIR was registered, the police had not conducted any investigation in the matter. While the initial complaint was of theft of Rs.25 lakhs, there are allegations that the car was actually carrying crores of rupees in cash. Several office bearers of the BJP were summoned and interrogated, but no one was arrested till date, except the accused involved in the execution of the robbery, the petitioner submitted.It was also argued that according to reports, it could be Rs.3.50 crores and that the money was meant for BJP Assembly Election Campaigning.The State on the other hand responded that the police chief had already issued an order on May 5, constituting an SIT to conduct the probe. Senior Government Pleader P Narayanan further submitted that the petitioner had filed the petition without verifying as to whether the government had given due consideration to the nature of crime and investigation, and the appropriate orders issued constituting an SIT.The Court observed that the petition was filed one month after the date issuing order constituting SIT in the case. Therefore, it became clear that the petitioner had not taken efforts to verify the course of the investigation and yet proceeded to make bold allegations in the writ petition. While dismissing the petition, the Division Bench observed that the petition was filed without ascertaining the truth, and that the factum of change of investigation was to be done by the SIT. Hence, it was liable to be dismissed with costs."Merely because certain persons, allegedly belonging to BJP, a national party, were summoned and interrogated, but then nobody was arrested, does not lead to a conclusion that persons summoned should be arrested and that, therefore, there is no progress in the investigation. Arrest depends upon the incriminating material available against those summoned and it is for the Investigating Officer, to consider as to whether the arrest is required or not," observed the Bench.The Division Bench had similarly directed another organisation to deposit Rs 25000 in the same account while dismissing their petition challenging quota for minorities.Title: Isacc Varghese v. State of Kerala & OrsClick Here To Read The Order

Kodakara Money Heist: Kerala High Court Dismisses Plea Seeking Further Probe With 10k Costs

Hannah M Varghese

The Court directed the amount to be deposited in the bank account created to help children with rare diseases.

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