SANOOP Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in Crime No. 50 of 2018 of Thrithala Police Station for offences punishable under Sections 406, 420 and 34 IPC.

(2.) The allegation against the petitioner is that the petitioner and his wife while working in Dubai made the de facto complainant to believe that if he invest money in his business of supplying building material and petroleum products, he would be provided profit for such investment and accordingly they invested Rs.2, 18, 000, 00/-. It is further alleged that the the petitioner has not returned the money as assured and thereby he has committed the aforesaid offence.

(3.) The learned counsel for the petitioner submitted that the petitioner was working as an employee of the company owned by the de facto complainant. The said company was engaged in the supply of building materials. The de facto complainant has canvassed many NRIs in Dubai for investing in his business venture. Some of the NRIs, who had acquaintance with the petitioner, also invested money in his business concern. The de facto complainant had provided profit to the investors as offered during the initial stages. Later, when the investors were not provided with profit, they started creating problems and the petitioner was compelled to hand over his cheques and other valuable documents as security. In fact, the entire transaction has taken place in Dubai and no part of the transaction has taken place in India. The creditors preferred complaints to the police resulting in the registration of Crime Nos. 401, 402, 403, 365, 409, 422, 428, 429, 431 of 2017 by the Thrithala Police for the offences punishable under Sections 406 and 420 IPC. The de facto complainant is also an accused in the aforesaid cases. The de facto complainant had committed theft of valuable documents, car and other personal belongings of the petitioner from his apartment, for which crime was registered by the police against the de facto complainant. Apprehending arrest and detention, the petitioner has filed this petition seeking anticipatory bail.