ASWIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the 2nd accused in Crime No.5/2024 of the Cyber Crime Police Station, Kollam, registered against the accused, for allegedly committing the offences punishable under Ss. 419 and 420 r/w. Sec. 34 of the Indian Penal Code (in short, 'IPC') and Sec. 66D of the Information Technology Act. The petitioner was arrested on 13/3/2024.

(2.) The gravamen of the prosecution case is that: the accused, in furtherance of their common intention to make unlawful gain, induced the defacto complainant to invest Rs.42,50,276.00. The said amount was withdrawn through the bank accounts of the accused. The accused failed to give any profit to the defacto complainant or return his money. Thus, the accused have committed the above offences.

(3.) Heard; Sri.P.S.Binu, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor.