ARPITA PATHAK Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in Crime No. 1382/2019 of Town East Police Station, Thrissur District alleging commission of offences under Ss. 420 & 506 of the Indian Penal Code. B.A. No. 2710/2021 is filed by the 1st accused while B.A. No. 7831/2021 is filed by the 2nd accused. The 1st accused is the wife of the 2nd accused in the case.

(2.) The allegation against the petitioners is that they defrauded a total amount of Rs.41,00,000.00 which was transferred through bank account to the account of Sree Sastha Engineering Works, Coimbatore, a business establishment owned and operated by the 2nd accused in the case. It is alleged that the amount was paid on the promise that substantial returns would be made available to the de facto complainant. It is alleged that despite demand no return as promised was given and that only an amount of Rs.8,00,000.00 was returned to the de facto complainant.

(3.) The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that even if the entire allegations in the First Information Statement are true the matter is purely a civil dispute between the petitioners and the de facto complainant and the de facto complainant could not have set criminal law in motion. It is submitted that the petitioner in B.A. No. 2710/2021 was arrayed as accused only after the filing of the present bail application and after the filing of a private complaint by the de facto complainant. It is submitted that the petitioner in B.A. No. 2710/2021 has no connection with the business being run by her husband and she has been unnecessarily arrayed as an accused only for the purpose of forcing the 2nd accused in the case to settle the matter. It is submitted that O.S. No. 66/2021 has been filed by the de facto complainant against the 1st accused in the case and the same is pending before the Sub Court, Thrissur. It is submitted that an order of attachment of the residential property of the petitioner in B.A. No. 2710/2021 has also been obtained and the claim of the de facto complainant is secured.