ABDUL AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.1 and 2 in the Crime No.473/2022 of Thrikkakara Police Station alleging commission of offence punishable under Ss. 323, 341, 363, 384, 506 and 34 of the Indian Penal Code.

(2.) The prosecution allegation is that, accused Nos. 1 and 2 along with six other identifiable persons, trespassed into the Defacto complainant' s "Used car Sales and Service Showroom' named "Platinum Trade" at Eaachamukku at about 12.45 p.m., on 23/5/2022, for failure to return the balance amount due to the first accused in respect of a sale transaction related to INNOVA car and caused hurt to the defacto complainant at the parking area of ORXY Homes, Chitayathukara, and threatened to kill him. The accused persons then allegedly committed Extortion by obtaining a Benz Car, I Phone, Smart Watch, and signed cheque leaf, causing damages to the defacto complainant worth Rs.13.00 Lakhs. Thus, the accused persons have allegedly committed the aforesaid offenses.

(3.) The learned counsel for the petitioners submitted that the petitioners were arrested on 24/5/2022 and that they are continuing in custody. The case of the petitioners is that the defacto complainant sold off an Innova car owned by the 1st accused and only made a part payment and a copy of the vehicle sale agreement dtd. 25/5/2022 is produced as Annexure A2 and that the present allegations made against the petitioners are absolutely false and a complaint has been filed to escape the liability in the sale transaction between them.