RAJAN, CHAKKALAYIL VEEDU Vs. STATE OF KERALA,

JUDGEMENT

(1.) This petition is for anticipatory bail.

(2.) The alleged offence is under Section 420 r/w 34 of IPC. According to prosecution, de facto complainant was deceived by Petitioners and she was made to pay Rs. 14,00,000/- to them stating that he intends to start a business and that they assured that she will be given profit in business which was to be started with the money advanced. No business was started and money was not repaid.

(3.) Learned Counsel for Petitioner submitted that there was some transaction between de facto complainant and Petitioner. But, be could not repay the money or redeem the gold ornaments which were pledged. But, an agreement was executed between the parties as Annexure A2 promising to repay the money in the year 2011 to de facto complainant. But, in spite of the agreement, a criminal complaint was filed. De facto complainant had also advanced an amount of Rs. 12,00,000/- to another person and it was through the intervention of Petitioner, that the amount was also paid back to de facto complainant.