PASTOR GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused in Crime No.708 of 2013 of the Palarivattom Police Station for offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code, apprehend arrest and and have filed this application,

(2.) LEARNED Public Prosecutor submits that petitioners entered into an agreement with the de facto complainant on 11.2.2008 as per which the petitioners were to construct villa and transfer the same to the de facto complainant. By several installments, the petitioners received 17 lakhs from the de facto complainant. But even as on 17.9.2013 construction of the villa remains at the initial stage. Thus, the de facto complainant was cheated. Petitioners returned only a sum of 1 lakh to the de facto complainant on 11.9.2012.

(3.) LEARNED Public Prosecutor was not able to confirm whether any such agreement has been executed on 2.11.2013. Having regard to the circumstances stated above, I am inclined to grant relief to the petitioners but subject to conditions.