The Kerala High Court recently ordered that the investigation into 12 cheating cases filed by a Kuwait-based bank against borrowers in Kerala be transferred to the State Crime Branch [Al Ahli Bank KSCP Kuwait v Director General of Police & ors]..Justice K Babu passed the order on February 19 after noting that the offences have international ramifications and involve accused persons residing abroad.The order was passed on a petition filed by the Chief Consumer Officer of Al Ahli Bank in Kuwait, who is also the de-facto complainant, in the 12 cheating cases registered across multiple police stations in Kerala against borrowers.The Court observed that the report submitted by the Additional Director General of Police (Law and Order) revealed a cross-border dimension to the offences and indicated that several accused persons were currently living in foreign countries.In such circumstances, the Court held that the matters clearly fell within the category of cases requiring specialised investigation.Therefore, the Court directed the transfer of investigation to the State Crime Branch headed by the Additional Director General of Police of Crime Branch and added that the probe be conducted by a police officer not below the rank of Superintendent of Police..The petitioner-bank alleged that multiple individuals had dishonestly obtained loans while working in Kuwait and subsequently defaulted after returning to India or relocating to other countries.According to the petitioners, the accused conspired to cheat the bank by securing loans from various financial institutions, siphoning off crores of money from the bank, transferring the funds to accounts in India and then leaving Kuwait permanently.The cases against the defaulters are registered under Section 420 (cheating) of the Indian Penal Code at different police stations, mainly in Kottayam and Ernakulam districts.The State Police informed the Court that they were planning to club the investigations in the various crimes due to the similarity of allegations.The petitioner did not object to this proposal. However, it sought transfer of the probe to the crime branch to ensure an impartial investigation, especially given the need for possible enquiries outside India.The bank further relied on a circular issued by the State Police Chief which stated that the cases having international links are to be transferred to the State Crime Branch..The Court accepted this contention and concluded that the nature of the allegations justified entrusting the investigation to the State Crime branch.Accordingly, the Court ordered that the probe in all 12 crimes be handed over to the state crime branch..The petitioner-bank was represented by advocates Thomas J Anakkallunkal, Anupa Anna Jose Kandoth, Abel Tom Benny, Jayaraman S, Dhanya Sunny and Ann Milka George. Public Prosecutor NR Sangeetha Raj appeared for the State..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
