SHAHEER MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for anticipatory bail under Section 438 of Cr.P.C.

(2.) The applicants are husband and wife and they are accused 1 and 2 in two crimes. B.A.No.4807/2020 is for an anticipatory bail in Crime No.928/2020 of Erattupetta Police Station for the offences punishable under Sections 406 and 420 read with Section 34 of the I.P.C, while B.A.No.5706/2020 is for an anticipatory bail in Crime No.1076/2020 of Kanjirappally Police Station, for offences punishable under Sections 420, 465, 468 and 471 read with Section 34 of the I.P.C.

(3.) The facts in both these crimes are almost similar. The 1st applicant is conducting the business of CCTV, Computer Networking and computer systems by the name and style "Oxo Digital Computer Systems" at Erattupetta. The applicants dishonestly misrepresented to the de facto complainants stating that they have bagged a contract with the Science Park at Pala and that they have also bagged a contract for the supply of computers in several educational institutions. They also forged documents regarding the contract to convince the de facto complainants that they have advanced money for being invested in the business. The de facto complainant in Crime No.928/2020 allegedly paid an amount of Rs.60 lakhs and the de facto complainant in Crime No.1076/2020 allegedly paid an amount of Rs.61 lakhs to the applicants, through bank transactions. It is stated that the said amounts were neither invested in the business nor those amounts were returned to the de facto complainants and thereby, the de facto complainants were cheated and the amounts were misappropriated by the applicants, and thus committed the offences.