PRAKASHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C. for per-arrest bail filed by the petitioner/accused in Crime No.271/2021 of Pattanakkad Police Station, Alappuzha District alleging the commission of the offence punishable under Sec. 420 IPC.

(2.) The prosecution case is that the petitioner/accused with the intention to make unlawful gain for himself and unlawful loss to the informant, took possession of 23 lorries promising to pay an amount of Rs.30,000.00 as rent for the vehicles and also borrowed an amount of Rs.1,70,000.00from the informant. The accused paid an advance of Rs.90,000.00 to the informant. Thereafter, contrary to his promise, the informant has neither paid the rent for the lorries nor repaid the amount borrowed from the informant. The vehicles have also not been returned to the informant. Hence, the accused is alleged to have committed the offence punishable under the above mentioned Sec. .

(3.) The application is opposed by the learned Public Prosecutor.