BINU KRISHNAN.B Vs. STATE OF KERALA

JUDGEMENT

(1.) These two writ petitions are being disposed of jointly through this judgment because both of them relates to the non release of fixed deposits, even after its maturity, to the petitioners herein by the Mavelikara Taluk Co-operative Bank Ltd. (hereinafter referred to as 'the Bank' for short).

(2.) In response to the petitioners' specific allegation that even though the fixed deposits made by them have now matured and it is still retained by the Bank illegally, Sri.T.R.Harikumar, the learned standing counsel for the Bank, submits that many of the fixed deposits, that are now being claimed by various persons, have been found to be fictitious and even counterfeit and that a criminal investigation is presently proceeding under the aegis of the Crime Branch. He says that it has been found on their inspection that various deposits have been created by the then Branch Manager of the Bank, in collaboration with certain others, fictitiously and therefore, that the deposits cannot be released without proper enquiry. He further says WP(C).Nos. 164 and 7782 of 2019 that the petitioner in W.P.(C)No.164 of 2019, is the driver of the then Manager, who has now been implicated in the criminal case and therefore, that in this case greater circumspection will be required.

(3.) The submissions of Sri.T.R.Harikumar, are affirmed by Smt.C.S.Sheeja, the learned Senior Government Pleader, who confirms that the investigation by the Crime Branch is still progressing pursuant to the registration of Crime No.137 of 2017 of the Mavelikara Police Station; and she says that however, the Bank can always verify the original of the fixed deposits and ascertain whether they are genuine before making payments in terms of law.