SHABUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of Cr.P.C.

(2.) The applicants are accused 1 to 5 in Crime No.1114/2020 of Thrissur Town West Police Station, for having allegedly committed the offences punishable under Sections 406, 417 and 420 read with section 34 of the I.P.C.

(3.) The prosecution case, in brief, is that the applicants and three others allegedly entered into an agreement for sale with the de facto complainant to purchase 11 cents of land with a building therein belonging to the de facto complainant for a sale consideration of Rs.2,25,00,000/- and as advance Rs.1 lakh was paid. Subsequently, the de facto complainant received Rs.79 lakhs and a further amount of Rs.80 lakhs and deposited the same in the institution, which was run by the applicants. It was also agreed that the balance amount would be paid after registration of the sale deed. Even though the sale deed was registered on 04.06.2020, the balance amount of Rs.1,25,00,000/- was not paid to the de facto complainant and thus the de facto complainant was cheated by the applicants with other co-accused. It is also stated that there was impersonation and forgery had taken place for the purpose of deposit of the amount and for the misappropriation of the same. It is further stated that accused 6 to 8 were abroad when the alleged transaction was made and that they were not available for the signing of the documents and that they had misrepresented and cheated after impersonation.