DINESH.A.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) This bail application is filed under Section 438 of the Code of Criminal Procedure.

(2.) The petitioner has been arrayed as the third accused in Crime No.28/2017 by the Kodungallur Police alleging commission of the offences punishable under Sections 342, 395, 120B of IPC and Section 27 of the Arms Act. The allegation against the petitioner was that he, along with other accused, approached the defacto complainant seeking for changing demonetized currencies worth Rs.16,45,00,000/- into new currencies and when the defacto complainant has expressed his inability to do so, they wrongfully restrained him, beat him and threatened to kill him. It is alleged that the petitioner and the other accused have also taken away a Fortuner car bearing Registration No.KL-44-D 7770 belonging to the defacto complainant, from his custody.

(3.) The FIS was lodged by the defacto complainant before the second respondent and the crime in question was registered on its basis. The petitioner is of apprehension that he would be arrested by the second respondent in the crime, and therefore this application is moved seeking pre-arrest bail.