SWAMI SAMNAYANANDA SARASWATHY Vs. STATE OF KERALA

JUDGEMENT

(1.) These Crl.M.Cs. arise from Crime No.616/2015 of the Chittoor Police Station, now pending as C.C. No.590/2016 of the Judicial First Class Magistrate Court, Chittoor. The 1 st petitioner in Crl.M.C. No.4495/2016 is the sole petitioner in Crl.M.C. No.6979/2015. He is the head of one Narayanalayam Madom established in the year 1992. A Trust is formed by the Madom by name 'Sanmaya Charitable Trust'. The 1 st petitioner is the Chairman of the above Trust. It is running a CBSE School imparting the education to several students. The 3 rd respondent is the adopted daughter of late P.G. Menon, who was a Trustee of the Trust, during his life time. He is stated to be a devotee of the Madom. Late P.G. Menon's wife died on 18.05.2007. He was the owner of few parcels of land. It is stated that, he also had an SB Account in the Dhanalakshmi Bank, which was transferred during his life time to the joint account of the 1 st petitioner and that of Mr.Menon. During his last days, he spend his life in the Madom. It is stated that, during his life time, he had executed a gift deed No.2789/2013 dated 31.08.2013 by which 12.90 Ares of land in Re.Survey No. 12/Block 82 of Chittoor Sub Registry with a building therein was gifted to the 1 st petitioner. He had also executed a Will No.165/3/2013 dated 26.09.2013 comprised of three items of properties. One item of property had an extent of 9.72 Ares in Re.Survey No.6/2 and the other, 5.67 Ares in Re.Survey No.82/12 in Palakkad. The third item was the fixed deposits in his name. By virtue of the will, the properties were bequeathed in favour of the 1 st petitioner. P.G.Menon died on 30.11.2013.

(2.) Subsequent to the death, the adopted daughter who was abroad, filed a civil suit as O.S. No.23/2014, before the Munsiff's Court, Chittoor seeking injunction restraining the 1 st petitioner and others from trespassing into the properties therein. Another suit was filed by the 1 st petitioner as O.S. No.54/2014 before the Chittoor Munsiff Court arraying the Bank officials as the defendants, seeking a relief in the nature of an injunction restraining them from releasing the fixed deposit of late P.G.Menon to any other person than the 1 st petitioner. O.S. No.139/2015 was filed by the 3 rd respondent herein against the 1 st petitioner herein and the Bank officials seeking relief.

(3.) In all the cases the contention of the 3 rd respondent herein was that the 1 st petitioner along with others had prevailed upon late P.G.Menon to execute documents in favour of the 1 st petitioner. On the other hand, the contention of the 1 st petitioner was that P.G.Menon had strained relationship with his adopted daughter and other relatives, who had refused to look after him. Hence, he had voluntarily gifted all his properties in favour of the Trust and the 1 st petitioner.