VARGHESE THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

(2.) Petitioner is the 3rd accused in CB Cr. 185/CB/TVM/17. Above case is registered against the petitioner and two others alleging offences punishable under Section 406 , 420 read with 34 of IPC .

(3.) The prosecution case is that, the defacto complainant is residing in USA. There are some property disputes between the defacto complainant and his brothers. The petitioner herein was the Power of Attorney Holder of the defacto complainant. Civil cases are pending before the Kollam and Kottarakkara Civil Courts. According to the defacto complainant, the 1st accused had received an amount of Rs.1,79,64,000/- (Rupees One Crore Seventy Nine Lakhs and Sixty Four only) towards court fee and other charges for conducting those cases through the Power of Attorney Holder, who is the petitioner herein. But the case of the defacto complainant is that, the petitioner and the other accused cheated the defacto complainant and misappropriated the amount.