LAWS(KER)-2018-5-209

MANOJ Vs. THE STATE OF KERALA AND OTHERS

Decided On May 22, 2018
MANOJ Appellant
V/S
The State Of Kerala And Others Respondents

JUDGEMENT

(1.) This application is filed by the applicant under section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the FIR, being Crime No.538 of 2017, registered on 27.4.2017 with Nooranadu Police Station, for offence punishable under Sections 420, 506, 509 of the IPC and under Section 120(o) of the Kerala Police Act, 2011.

(2.) According to the de facto complainant, she was provided with employment in the Anugraha Women's Welfare Society run by the applicant herein and thereafter for the purpose of the said establishment, the complainant was persuaded to hand over gold ornaments worth Rs. 1.5 lakhs. The gold ornaments were pledged by the accused and substantial sums of money was obtained. Later, when the de facto complainant demanded the money back, the applicant is alleged to have abused her. He is also alleged to have sent obscene messages to her and her daughter. On the basis of the above allegations, a complaint was lodged and a Crime was registered on 27.4.2017. Apprehending arrest and detention, the applicant preferred the instant application seeking anticipatory bail on 27.4.2018.

(3.) According to the applicant, the applicant is a social worker and he is innocent of the allegations. There were some issues between the de facto complainant and other persons and the applicant had stood by her side. Thereafter, they became very close and used to chat online. According to the learned counsel, the transcripts, which are relied on by the daughter of the de facto complainant to register a crime against the applicant, would reveal that the relationship between the applicant and the de facto complainant was much more than cordial. It is further submitted that the allegations now levelled by the complainant would be falsified by the tenor of conversation as is revealed from Annexure-III chat transcripts.