UNNIKRISHNAN P.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail.

(2.) The petitioner is the second accused in Crime No.220/CB/EOW/KNR KSD/R 2022 of Crime Branch Economic Offences Wing (Kannur and Kasargode Unit) alleginG offences punishbale under Ss. 406 and 420 of the Indian Penal Code.

(3.) The prosecution allegation is that the first accused who is a Class A Contractor in Kerala Public Works Department had obtained a loan of Rs.4,28,53,488.00 from the defacto complainant society for the purpose of various construction works showing materials having been purchased from different entities including the petitioner's firm by name GEOMECH. The further allegation is that the first accused repaid only Rs.1,58,73,754.00 and did not bother to repay the balance amount and also cheated the defacto complainant by fraudulently creating false documents showing receipts of materials purchased for works which cancelled. The specific allegation against the petitioner herein who is the second accused is that he issued a Tax Invoice to the defacto complainant society and collected money without supplying materials at sites awarded to the first accused which was cancelled later on. He thereby colluded with the first accused in committing the above crime.