RAHUL NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the 1st accused in Crime No.1607/2023 of the Nadakkavu Police Station, Kozhikode, which is registered against the accused, for allegedly committing the offences punishable under Ss. 406 and 420 of the Indian Penal Code. The petitioner was arrested on 4/6/2024.

(2.) The crux of the prosecution case is that; in August 2022, the accused had induced the de facto complainant by falsely promising that they would arrange a seat for his daughter for medical education and they received Rs.45,90,000.00 from him, in instalments. However, the accused did not secure the admission or return the amount. Thus, the accused have committed the above offences.

(3.) Heard; Sri.P A.Mujeeb, the learned counsel appearing for the petitioner, Smt.Seetha S., the learned Public Prosecutor and Smt.Sreelakshmi P , the learned counsel appearing for the de facto complainant/additional 2nd respondent.