MIDHUN DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the third accused in Crime No.65/2024 of the Vadakkancherry Police Station, Palakkad, registered against the accused (three in number), for allegedly committing the offence punishable under Sec. 420 r/w Sec. 34 of the Indian Penal Code. The petitioner was arrested on 27/1/2024.

(2.) The gist of the prosecution case is that: the accused in furtherance of their common intention to cheat the defacto complainant, made him believe that they would give him a good dividend if he invests in cryptocurrency. Accordingly, the accused made the defacto-complainant transfer Rs.4,60,700.00 on 29/4/2023. However, the accused failed to give any dividend or return the principal amount to the defacto-complainant. Thus, the accused have committed the above offence.

(3.) Heard; Sri.Aysha Youseff, learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor.