RAFEEK C. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'BNSS'), by the 10th accused in Crime No.05/2024 of the Cyber Crime Police Station, Pathanamthitta, which is registered against 12 accused persons for allegedly committing the offences punishable under Ss. 420 and 120-B r/w Sec. 34 of the Indian Penal Code (in short, 'IPC'). The petitioner was arrested in Crime No.40/2024 by the Tirur Excise Range Office, Malappuram on 29/6/2024. The petitioner's formal arrest was recorded in the present crime on 11/7/2024.

(2.) The crux of the prosecution case is that: the accused, in furtherance of their common intention, had hatched a conspiracy to loot the citizens of the country and induced the defacto complainant to deposit money with them on the false assurance of giving them higher profit. The accused made WhatsApp groups named Apex Wealth Group and Kuroto Wealth Management Group on 15/11/2023 and induced the defacto complainant to transfer Rs.3,45,11,574.00 from his bank account to various bank accounts of the accused. The accused failed to pay any profit or return the capital. Thus, the accused have committed the above offences.

(3.) Heard; Smt.Dhanya S Nair, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor.