SOPHIYA JEROM Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The applicants in BA No. 4010/2020 are accused Nos.2 and 3 while applicants in BA No.4202/2020 is the 1st accused in Crime No.170/2020 of Pala Police Station, Kottayam, for having allegedly committed offences punishable under Sections 406 , 420 r/w Section 34 of the IPC.

(3.) The prosecution case, in brief, is that the 1st accused allegedly introduced the de facto complainant to the rest of the accused who are engaged in real estate business, in furtherance of common intention induced him to deliver money to the accused for the purpose of getting a project sanctioned by the Coir Board where a huge sum of money was involved and that he would get not less than Rs.80 crores as subsidy and loan. Believing the accused persons, the de facto complainant allegedly delivered a sum of Rs.9,80,00000/- to the applicants through their bank accounts. Accused 2 and 3 are both housewives and the 1 st accused is alleged to be a social worker. A sum of Rs.30,000/- alone was transferred to the account of the 1st accused and huge sums of money were transferred to the accounts of accused 2 and 3. Towards security, the de facto complainant had also obtained some blank signed cheques from accused No.2. However, the amount as promised was never forthcoming, and the transaction which allegedly took place between 12.01.2018 and 26.11.2019 never materialized. Ultimately, the de facto complainant filed a complaint on 25.01.2020 revealing the cheating and the misappropriation of the amount.