LAWS(KER)-2020-11-922

SREEKUMAR Vs. STATE OF KERALA

Decided On November 12, 2020
SREEKUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Application For Anticipatory Bail

(2.) The applicant had allegedly promised employment to the defacto complainant in Kerala Minerals and Metals Limited, Chavara and induced him to deliver a sum of Rs.2 lakhs in the year 2011. The applicant thereafter failed to return the money of providing the employment and thus cheated the defacto complainant. The applicant states that he is innocent. But, he admits that he had borrowed some money from the defacto complainant promising to repay that amount within a time. The defacto complainant demanded more interest although the principal was paid and that led to a dispute between the defacto complainant and the applicant and consequently, the defacto complainant also issued a lawyer notice demanding the amount from the applicant in the year 2019. He sent a befitting reply stating the correct state of affairs into that lawyer notice. The defacto complainant has not filed a suit for realisation of the amount allegedly due from the applicant. This complaint alleging an offence of cheating has been filed by the defacto complainant to somehow extract money from the applicant. The applicant states that he has no criminal antecedents. He is willing to co-operate with the investigation and hence, he may be released on bail.

(3.) Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The defacto complainant did not appear despite notice being served upon him.