SIVADASAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these proceedings are the different accused in two prosecutions; one pending before the Special Court (Vigilance), Kozhikode, and the other pending before the Judicial First Class Magistrate Court-III, Punalur. Common questions of law are involved in all these petitions, and so, all these petitions were heard together, and are being disposed of by this common judgment. The petitioner in Crl.M.C. No. 9110/2016 is the 4th accused in C.C. No. 16/2008 of the Special Court (Vigilance), Kozhikode, and the petitioner in Crl.M.C. No. 8548/2016 is the 8th accused therein. The petitioner in W.P.(C) No. 3612/2017 is the 2nd accused in C.C. No. 880/2015 of the Judicial First Class Magistrate Court-III, Punalur, and the petitioner in Crl.M.C. No. 5155/2013 is the 3rd accused therein. All the petitioners, including the writ petitioner seek orders quashing the prosecution as against them on factual as well as legal grounds. The common legal grounds involved in the four matters are:-

(2.) In C.C. 16/2008 of the Special Court (Vigilance), Kozhikode, the trial court has already framed charge against the accused. The accused Nos. 1 to 3 therein are respectively the President, the Secretary and the Senior Clerk of the Keezhariyor Service Co-operative Bank Limited, and the accused Nos. 5 to 8 are the Director Board Members of the Cooperative Bank. The 4th accused is the person appointed and authorised by the Co-operative Bank as per a resolution passed by the Board of Directors, for procuring copra for the Co-operative Bank under the "Support Price Scheme" for the period from 3.5.2000 to 7.8.2000. The case of the Vigilance and Anti Corruption Bureau (VACB), Kozhikode Unit in C.C. 16/2008 of the Special Court is that, as part of a criminal design hatched by the office bearers of the Keezhariyor Service Co-operative Bank with the 4th accused, with the object of making unlawful pecuniary gain out of the transactions of the Co-operative Bank, the 4th accused was appointed by the Board of Directors to procure copra for the Co-operative Bank, and as part of the said conspiracy, the accused Nos. 2 and 3, with the knowledge and connivance of the others, including the President, made false documents, short accounted huge quantity of copra worth Rs. 1,21,420/-, purchased 435.45 quintals of copra worth Rs. 15,82,456.75 from the open market under false bills, they thus cheated the farmers, committed criminal misappropriation and breach of trust by making an unlawful pecuniary gain of Rs. 3,21,572/- by abusing their position as public servants, and they also caused corresponding loss to the Co-operative Bank. The 4th accused is a non-public servant, but he is being roped in under Section 120B IPC as the person, who had active participation and complicity with the President and the other office bearers of the Co-operative Bank.

(3.) The prosecution in C.C. No. 880/2015 of the Judicial First Class Magistrate Court - III, Punalur relates to some mal practices and misappropriation of funds of the Pathanapuram Service Co-operative Bank. The 1st accused therein was the Secretary of the said Co-operative Bank, the 2nd accused was the Pharmacist-cum-Manager of a Neethi Medical Store under the Cooperative Bank, and the 3rd accused was the President of the said Co-operative Bank. The prosecution case in the final report submitted by the Additional Sub Inspector of the Pathanapuram Police Station is that, during the relevant period, the accused jointly committed criminal misappropriation of a huge amount of Rs. 25,31,281/-, without accounting the sale of medicines, and they also caused another wrongful loss of Rs. 9,17,683/- to the Co-operative Bank without returning the huge quantity of medicines before the date of expiry. The offences alleged therein are under Section 409 IPC and also under Section 94(8) of the Kerala Co-operative Societies Act (for short, 'the Act'). What is punishable under sub-section (8) of Section 94 of the Act is criminal misappropriation, or unauthorised or illegal keeping of money of any Co-operative Society by any officer, employee or agent or servant of a Co-operative Society. Section 409 IPC deals with criminal breach of trust generally, and sub-section (8) of Section 94 of the Act deals with specific instances of misappropriation by any officer or employee or agent or servant of a Co-operative Society.