DIPIN SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the second accused in Crime No.253/2024 of the Ernakulam Town South Police Station, Ernakulam, which is registered against the accused (two in number) for allegedly committing the offences punishable under Ss. 406 and 420 read with Sec. 34 of the Indian Penal Code, 1860. The petitioner was arrested on 27/5/2024.

(2.) The gist of the prosecution case is that: the accused, in furtherance of their common intention, assured the de-facto complainant that they would secure an employment for him in a Singapore based company and received an amount of Rs.4,00,000.00through Bank transfer. However, the accused failed to secure the employment or return the amount to the de-facto complainant. The first accused is the Managing Director of the company, and second accused/ the petitioner, is the HR Manager. Thus, the accused have committed the above offences.

(3.) Heard; Sri. S. Rajeev, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor.