GOPALAKRISHNAN vs STATE OF KERALA
- Court
- Kerala High Court
CNR : KLHC010809422022
2026:KER:81212
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
RD
FRIDAY, THE 23 DAY OF OCTOBER 2026 / 1ST KARTHIKA, 1948
CRL.MC NO. 8444 OF 2022
CRIME NO.2/2008 OF VACB, PATHANAMTHITTA
CC NO.43 OF 2016 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO. 1:
GOPALAKRISHNAN
AGED 74 YEARS
S/O. NARAYANA KURUP,
KAVIL PUTHUMANGALATHU VEEDU,
PARAKODE,
ADOOR,
PATHANAMTHITTA DISTRICT,
FORMER LD CLERK,
PGM BOYS HIGH SCHOOL,
PARAKODE,
ADOOR,
PATHANAMTHITTA,
PIN - 691554
BY ADVS.
SRI.MATHEW KURIAKOSE
SHRI.K.R.ARUN
SRI.T.G.SUNIL (PERUMBAVOOR)
SHRI.MONI GEORGE
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 2
RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
BY SRI. BIJU K., SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
14.10.2026, THE COURT ON 23.10.2026 PASSED THE FOLLOWING:
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 3
'C.R.'
ORDER
rd
Dated this the 23 day of October, 2026
Accused No. 1 in C.C. No. 43/2016 on the files of the Enquiry
Commissioner & Special Judge, Thiruvananthapuram, now pending
as C.C. No. 8/2025 on the files of the Enquiry Commissioner &
Special Judge, Kollam has filed this criminal miscellaneous case
under Section 482 of the Code of Criminal Procedure, 1973,
seeking the following relief:-
“On these and other grounds to be urged at the time of
hearing, it is most humbly prayed that, this Hon'ble Court
may be pleased to quash Annexure A Charge Sheet cum
Final Report in Crime No. 2/2008/PTA of VACB,
Pathanamthitta & Annexure B Court Charge dated
20/09/2022 and further proceedings in C.C. No. 43/2016 on
the files of the Court of the Enquiry Commissioner and
Special Judge, Thiruvananthapuram as against the
st
petitioner/1 Accused.”
2. Heard the learned counsel for the petitioner and the
learned Public Prosecutor in detail.
3. Here the prosecution alleges commission of offences
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 4
punishable under Sections 13(2) read with 13(1)(d) of the
Prevention of Corruption Act, 1988 and Sections 468, 471, 420,
477(A) and 120(B) of the Indian Penal Code, by accused Nos. 1
and 2.
4. The specific allegation of the prosecution is that first
accused while working as a Clerk of P.G.M. High School for Boys,
Parakkodu, from 03.06.1998 to 30.09.2003 and the second
accused while working as the Headmistress of the same school
from 01-04-1996 to 31-03-1999 and as such being public servants
entered into criminal conspiracy and in pursuance of that, the
second accused sanctioned 27 spells of leave without allowance
(LWA), without medical certificate as LWA on medical ground, to
the first accused, from 08-07-1993 to 10-03-1993 and the first
accused converted 8 spells of LWA for personal affairs from 09-11-
1989 to 10-03-1993 to LWA on medical ground by making
alterations in the sanctioned leave applications, service book and
making forged entries in the attendance register and on the basis
of that the accused persons by abusing their official position as
public servants and by corrupt and illegal means, obtained
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 5
pecuniary advantage of Rs. 3,16,068/- and thereby committed the
above offences.
5. According to the learned counsel for the petitioner/first
accused, the prosecution against the petitioner/first accused is not
sustainable, as nothing could be gathered from the prosecution
records to show his involvement in the commission of the alleged
offences. According to him, in Paragraph No. 4 of the petition, he
has raised a specific contention that he had retired from service on
superannuation on 30.09.2003. The crime was registered on
23.01.2008. However, Annexure A chargesheet was filed only on
09.05.2011 and the Special Court framed charge only on
20.09.2022. In the meanwhile the CW1, V.N. Vishwambharan Nair
died two years back. It is based on the verification of records
allegedly done by CW1 V.N. Vishwambharan Nair, the crime was
nd
happened to be registered against him and the 2 accused.
Vishwambharan was in inimical terms with CW7, M.R. Rajagopalan
Nair, who was the Headmaster of the school from 01.04.1999 till
31.05.2003, pursuant to an alleged incident of Rajagopalan Nair
assaulting the son of Vishwambharan, who was studying in the
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 6
very same school. The actions from the side of Vishwambharan
and his team were with the intention of harassing Rajagopalan
Nair by making hindrance in getting his service benefits and
nd
retirement benefits; and in that attempt he and the 2 accused
were infact made scape goats. Now due to the inordinate delay
occasioned in the proceedings pursuant to Annexure A final report
and due to the death of Vishwambharan in the meanwhile, he had
lost the opportunity to cross examine the said crucial witness and
to elicit the truth before the court. In that view of matter, the
petitioner is highly prejudiced and aggrieved by the delay
occasioned in the proceedings and on that ground itself the
proceedings are liable to be quashed.
6. According to him, as of now witness No. 1, who
prepared the report and find the anomaly, is no more. It is also
submitted that the petitioner is now aged 79 years and the crime
was registered at a much belated stage after the retirement of the
petitioner in the year 2003. Therefore, he pressed for the prayers
sought for in the petition.
7. Whereas the learned Public Prosecutor strongly
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 7
opposed the contentions and submitted that in the instant case,
the offences alleged against accused Nos. 1 and 2 could be found
prima facie from the materials available. In this connection, he has
placed a report filed by the Investigating Officer, with reference to
Paragraph Nos. 6 to 11.
“6. Investigation revealed that Al (petitioner herein)
had obtained undue and illegal pecuniary advantage of Rs
3,16,068/- by accounting the leaves that he had availed as
leave without allowance without any medical certificate as
leave without allowance on medical grounds, thereby
counting it for calculation of continuous service and
monetary benefits. CW3, CW4 and CW5 who were
Headmasters during various periods spanning the
employment of A1 at the school have all pointed out the
alterations and forgery committed by him in the service
book and leave applications. CW 3, Santhakumari, former
Headmistress has deposed that five spells of leave out of six
spells availed by A1 (petitioner herein) during her period
were taken without medical certificate and that the leave
entries in the service book and leave applications were
forged later to show that the leaves were applied and taken
on medical ground. CW4, P.V Varghese, former Head Master
has deposed that, A1 (petitioner herein) had availed 5 spells
of leave during his period, out of which 4 spells of leave
were approved on leave without pay and allowances on the
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 8
ground of personnel affairs, but entries in the service book
and leave applications were forged later and that alterations
were made by Al in his own handwriting. CW4 has
recognized the handwriting of A1 in the forged entries.
CW5, N Gopalan Nair, former Head Master has deposed that
during his period Al (petitioner herein), was absent from
duty for a long period of time and that he had made "red
line markings" on the attendance book for that period of
absence and that red line markings were forged later and
signed or leaves marked by A1. CW5 has also recognized
the handwriting of A1 in the forged documents.
7. Since investigation of the case established that
the accused persons had committed the offences alleged
against them and chargesheet was laid before the Hon'ble
Court of Enquiry Commissioner and Special Judge,
Thiruvananthapuram to prosecute the accused for the
offences of 13(2) r/w 13(1)(d) of PC Act-1988 and 120(b),
420,468,471,477(A) of IPC. The charge sheet was admitted
to the Court records as CC 43/2016.
8. It may kindly be noted that an audit was
conducted by the concerned department and a Preliminary
Enquiry was conducted by the Vigilance and Anti corruption
Bureau before registering the Vigilance case. Officers of the
Education department as well as staff of the school and
former Headmasters of PGM Boys High School, who had
sanctioned the leave without allowances to A1 were all
examined as part of the investigation. Hence it can be seen
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 9
that the contention that the investigation is conducted
improperly and illegally is only for the sake of argument and
not based on the slightest bit of truth.
9. Investigation of the case has irrefutably
revealed that it was the petitioner herein who had derived
undue and illegal pecuniary advantage of RS.3,16,068/-by
way of wrongfully deriving arrear pay and allowances by
counting periods of leave, which is not eligible for being
counted for calculating service benefits. It is evident that
the Government has lost an amount of Rs. 3,16,068/- due
to the act of the accused persons. By alleging foul play and
attributing the reason of his being charged with
misappropriation of Government money to rivalry between
officers, the petitioner is trying to raise a flimsy allegation
with the hope of putting an iota of doubt in the mind of the
Hon'ble Court.
10. The petitioner alleges that he has lost the
opportunity to cross examine CW1, V.N Viswambharan who
is a crucial witness, since the said witness had passed away.
Eventhough W1 had passed away the audit notes written by
W1 had been seized as part of investigation and presented
before the trial court. Moreover, W1 did not work in
isolation during audit. The audit was conducted by a team
headed by W2. W1 only conducted an indepth inspection as
follow up and assisted W2 as W2 had found major
discrepancies relating to the sanctioning of salary arrears to
A1 (petitioner herein) during the preliminary audit. The
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 10
petitioner has the opportunity to cross examine W2 and
elicit whatever truth he desires to elicit during trial.
11. Further, it is pertinent to note that Smt.
Radhamoni who was the Headmistress during the period of
commission of the offence is also an accused in the case.
A2, Smt. Radhamoni was the Headmistress of PGM Boys
High school from 01.04.1996 to 31.03.1999. The petitioner
had availed leave without allowance on 27 occasions during
the period from 08-07-1993 to 03-07-1997. During the
tenure of A2, he had availed leave for 7 spells only. A
perusal of the service book of the petitioner would reveal
that all the 27 leave applications have been sanctioned by
A2 on a single date i.e., on 10.07.1997. A2 has sanctioned
leave to the petitioner for the periods during which she was
not in charge of the school on 20 occasions. All the above
mentioned leaves have been entered in the service book at
a single stretch spanning 6 pages. The other occasions on
which he had availed LWA have been altered in his service
book as leave availed on medical ground by way of forgery.
Hence it is evident that he had access to the service book
through A2. The attendance registers of PGM Boys High
school for the said periods would reveal that the red line
marked across the attendance column of the petitioner has
been scrapped and attendance and leave have been marked
on several occasions. The former Headmasters of the school
Smt. Santha Kumari (CW3), P.V Vargheese (CW4) and Sri.
Gopalan Nair (CW5) etc. have identified the handwriting of
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 11
the petitioner in the forged entries. Hence the argument
that there is no possibility of the petitioner who was only a
clerk, getting access to the service book and other records
and that the prosecution did not explain how he got access
to those records as alleged is also baseless as the
Headmistress had colluded with him in making the
manipulations in the concerned registers.”
8. On scrutiny of the materials available on par with the
contentions raised, the statement given by CW3, CW4 and CW5,
who were the Headmasters of the school during the relevant
periods, when the first accused was employed therein, given
statement that he had committed forgery in the service book and
leave applications with a view to convert, leave without allowance
(LWA) on 'non-medical grounds' as one on 'medical grounds'.
Apart from that, the statement of CW3 would show that the first
accused had availed five spells of leave out of six spells during her
period were taken without medical certificate and that the leave
entries in the service book and leave applications were forged
later to show that the leave applications put up in this regard were
granted on medical ground. CW4, P.V. Varghese, former
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 12
Headmaster has given statement that, the first accused had
availed 5 spells of leave during his period, out of which 4 spells of
leave were approved on leave without pay and allowances on the
ground of personnel affairs, but entries in the service book and
leave applications were forged later and that alterations were
made by the first accused in his own handwriting. CW4 has
recognized the handwriting of the first accused in the forged
entries. According to CW5, N. Gopalan Nair, former Headmaster,
during his period the first accused, was absent from duty for a
long period of time and that he had made "red line markings" on
the attendance book for that period of absence and that red line
markings were forged later and signed or leave marked by the
first accused. CW5 has also identified the handwriting of the first
accused in the forged documents.
9. Thus this is a case wherein, witness statements and the
prosecution materials available would prima facie, show forgery
and falsification of records with intention to cheat and defraud and
also to misappropriate public money by the petitioner which, in
fact, not entitled by him. It is relevant to note that an audit was
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 13
conducted by the concerned department and a Preliminary Enquiry
was conducted by the Vigilance and Anti corruption Bureau before
registering the Vigilance case. Officers of the Education
department as well as staff of the school and former Headmasters
of PGM Boys High School, who had sanctioned the leave without
allowances to the petitioner were questioned as part of the
investigation and their statements got recorded.
10. That this is a case wherein the prosecution materials in
abundance would show obtainment of Rs.3,16,068/- is illegal
pecuniary advantage by the first accused with the aid of the
second accused, who was the Headmistress by the converting
normal LWAs into LWAs on medical grounds, in fact, LWAs on
medical grounds for such a long period, even otherwise, could not
be availed.
11. According to the learned counsel for the petitioner since
the first witness, V.N. Vishwambharan had passed away, the
prosecution would be meaningless. This argument appears to be
so childish and without reasoning. When a material witness, who
prepared documents dies, then also the documents can be
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 14
tendered in evidence by the examining the persons, who
otherwise had knowledge regarding the contents of documents or
through a person, who is having familiarity with the handwriting
and signature of the deceased person, as an alternative mode of
proof. In the instant case, witness No. 2 also participated in the
in-depth inspection and assisted the witness No. 1 and therefore,
the evidence of witness No. 2 would suffice the requirement of
proof of the audit report against the petitioner.
12. Another argument raised by the learned counsel for the
petitioner is that this crime was detected at a belated stage. It is
true that persons bonafidely employed as government servants
bestowed with duties to serve the public, when engage in
misappropriation by falsifying and forging records, the said forgery
and falsification could not be normally found easily, particularly, in
a school, where the clerical staff may be one or two. Therefore,
only when an opportunity would be available for the competent
officers of the Audit Department or other officials to verify the
relevant registers and documents to find out any irregularities,
illegalities or malpractices and misappropriation, the same could
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 15
be able to be traced out. In the instant case, this really is the
reason for the delay in tracing out the misappropriation and the
petitioner would not get the benefit out of it, on any grounds.
This is a case where a person who availed LWA for a period of
eight years, for which he did not get any service benefit, viz.,
either salary, allowances or the same could not be calculated for
the qualifying service for pension and DCRG, by falsifying and
forging records, not only obtained Rs.3,16,068/- and more
towards pensionary benefits as could be seen from the copy of the
writ petition judgment filed by him along with this Crl.M.C. Thus, it
is noticeable that, in this case, after considering the various
aspects involved herein, the learned Special Judge framed charge
for the offences alleged as early on 20.09.2022 and at the verge
of trial, this Crl.M.C. has been filed on 21.11.2022 and
proceedings got stayed. Since the prosecution records would
clearly show that the petitioner/first accused committed the
offences prima facie , the matter to be tried based on the charge
already framed. Thus the prayers in the petition to quash the
proceedings found to be not allowable.
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 16
13. In the result, this Crl.M.C. is dismissed and the interim
stay granted stands vacated. Since the case is of the year 2016,
the learned Enquiry Commissioner & Special Judge, Kollam, where
now this matter has been pending as C.C. No. 8/2025 is directed
to expedite the trial and finish the same, within a period of three
months from the date of receipt of a copy of this order.
The Registry is directed to forward a copy of this order to the
learned Special Judge concerned, for information and compliance
forthwith.
SD/-
A. BADHARUDEEN
JUDGE
DCS
CNR : KLHC010809422022
2026:KER:81212
Crl. M.C. NO. 8444 OF 2022 17
APPENDIX OF CRL.MC NO. 8444 OF 2022
PETITIONER ANNEXURES
ANNEXURE A CERTIFIED COPY OF THE CHARGESHEET CUM
FINAL REPORT IN CRIME NO. 2/2008/PTA OF
VACB, PATHANAMTHITTA
ANNEXURE B CERTIFIED COPY OF THE COURT CHARGE DATED
20.09.2022 IN C.C. NO. 43/2016 ON THE
FILES OF THE COURT OF THE ENQUIRY
COMMISSIONER AND SPECIAL JUDGE,
THIRUVANANTHAPURAM
ANNEXURE C TRUE COPY OF THE JUDGMENT DATED
12.02.2016 OF THIS HON’BLE COURT IN W.P.
(C) NO. 9008/2005