LAWS(KER)-2014-6-52

T. BIJU Vs. STATE OF KERALA

Decided On June 05, 2014
T. Biju Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER is the third accused in Crime No. 264 of 2014 of the Mavelikara Police Station for the offences punishable under Sections 120B, 420, 423, 406 r/w Section 34 of the Indian Penal Code, apprehends arrest and has filed the application.

(2.) LEARNED Public Prosecutor has opposed the application. It is submitted that the petitioner and others entered into an agreement with the de facto complainant for construction of a residential building for Rs. 46,04,000/ - within a specified time, an agreement was executed between the petitioner and de facto complainant on 17.02.2010, the petitioner and the accused 1 and 2 received a total sum of Rs. 1,11,93,500/ - from the de facto complainant but, he was cheated.

(3.) I have gone through copy of the said order. Having regard to the relief granted to the accused 1 and 2 and in the nature of allegations made against the petitioner, I am inclined to think that his custodial interrogation is not required. Hence I am inclined to grant relief but subject to conditions.