GOPAKUMAR A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second application for anticipatory bail filed by the petitioner under Section 438 Cr.P.C.

(2.) The petitioner is the third accused in the case registered as Crime No.737/2018 of the Koothattukulam Police Station under Sections 403 , 406 , 409 , 417 , 420 and 423 read with 34 I.P.C and also under Section 120B I.P.C.

(3.) The case against the accused has been registered on the basis of a written complaint made by the de facto complainant before the Superintendent of Police (Rural), Aluva. The sum and substance of the allegations raised against the accused in the complaint can be stated as follows: The de facto complainant is conducting business in frozen foods under the name and style 'Himalaya Supply'. He entered into a deal with the first and the second accused for supplying him frozen chicken feet and chicken paw. The first and the second accused told the de facto complainant that the company run by them had no export licence and therefore, the products can be exported through the company by name 'Saga Natural Spice Products'. The second accused claimed to be the owner of the aforesaid company. On the basis of the representations made to him by the first and the second accused, the de facto complainant transferred 35,000/- U.S dollars to the account of the company 'Saga Natural Spice Products', which is actually owned by the third and the fourth accused. The licence of the aforesaid company is in the name of the fourth accused, who is the wife of the third accused. The third and the fourth accused transferred Rs.10,00,000/- on 14.2.2018 and Rs.3,00,000/- on 23.2.2018 to the account of the father of the second accused. The accused did not supply the products to the de facto complainant. They also did not return the amount received by them from him. It is alleged that the accused had hatched a conspiracy to cheat the de facto complainant and pursuant to such conspiracy cheated him.