MUHAMMED SHAREEF Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused 3 and 4 in Crime No.185/2024 of the Kadavanthra Police Station, Ernakulam, registered against the accused for allegedly committing the offences under Ss. 406 and 420 r/w Ss. 34 of the Indian Penal Code and Sec. 67 of the Information Technology Act. The petitioners were arrested on 3/6/2024.

(2.) The crux of the prosecution case, is that; the accused, in prosecution of their common intention, with intention to cheat the defacto complainant, requested him to join a WhatsApp group named 'HNI Nurturing Programme' and offered him 80% profit in stock trading. Consequently, the first informant transferred Rs.2,27,000.00 to the bank accounts of the accused 1 and 2. Even though, the first informant paid the amount, the accused did not pay the profit or return the capital. Thus, the accused have committed the above offences.

(3.) Heard; Sri. Santhosh Kumar, learned counsel appearing for the petitioners and Smt.Seetha.S the learned Public Prosecutor.