NISHANTH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.154 of 2018 of Kazhakkoottam Police Station, Thiruvananthapuram. The commission of offences alleged against him are those punishable under Sections 406 and 420 of the Indian Penal Code.

(2.) The allegation of the prosecution was that the petitioner with intention to make wrongful gains from the defacto complainant, promised him that a job at Canada would be procured for him and thus received gold ornaments and money from him on different occasions. Accordingly, the defacto complainant had parted with gold ornaments worth 2 1/2 sovereigns and a sum of Rs.35,000/- in cash on 16.05.2015. Theafter, money was also transferred through the accounts maintained by the parties in banks. Neither the job was procured as promised nor the money was returned. Accordingly the defacto complainant lodged an FIS before the Kazhakkootam Police and that led to the registration of the crime in question. The petitioner apprehends arrest in the crime and therefore, approached this Court for the relief.

(3.) Sri. Prem Navaz, the learned counsel for the petitioner urged that the petitioner is innocent of the allegations leveled against him. According to him the defacto complainant had borrowed amount from the petitioner several times and false allegations have been raised by the defacto complainant against him solely to evade his liability to repay the same. According to him, implication of him into the crime is totally a false and foisted one and the exercise of discretion by this Court in the matter of granting pre-arrest bail is highly warranted.