NIYAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the sole accused in Crime No. 28 of 2023 registered by the Town West Police Station, Thrissur registered for the offences punishable under Ss. 406 and 420 of the Indian Penal Code. According to the prosecution, the petitioner had deceived the de facto complainant into parting with Rs.2,75,000.00by making her believe that he would invest the money in a Jewellery to be started by him at Thrissur and pay back double the amount from the profit derived. Thereafter, the petitioner failed to pay back the amount to the de facto complainant despite repeated demands. Pursuant to registration of the crime, the petitioner's formal arrest was recorded on 14/1/2023.

(2.) Learned counsel for the petitioner contended that no offence under Ss. 406 and 420 is made out against the petitioner and even otherwise no purpose will be served by the petitioner continuing in custody even after one month of his arrest.

(3.) Learned Public Prosecutor submitted that the petitioner is involved in three other similar crimes and the final report in this case was submitted on 31/1/2023.