SUJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused 2 and 3 in Crime No.1084 of 2014 of the North Paravur Police Station for the offences punishable under Secs. 120(B), 403, 406, 420, 468 and 471 r/w Sec. 34 of Indian Penal Code, apprehends arrest and has filed this application.

(2.) LEARNED Public Prosecutor has opposed the application. It is submitted that the petitioners are husband and wife. First petitioner is son of the first accused. First accused obtained Rs. 2,29,000/ - and later, Rs. 20,00,000/ - on a promise to make the de facto complainant partner in the business of the first accused. That was not done. First accused returned Rs. 16,00,000/ -. The balance amount of Rs. 6,29,000/ - is due which was misappropriated. In the meantime, to cheat the de facto complainant, the first accused has transferred shares in the company/interest in the partnership firm in favour of the petitioners.

(3.) HAVING regard to the relevant circumstances, I am inclined to think that custodial interrogation of the petitioners is not required. Hence, I am inclined to grant relief but subject to conditions and protecting interest of the de facto complainant. The application is allowed of as under: