MANOJ T PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioner herein is the 7th accused in Crime No.2335 of 2016 of Aluva East Police Station, registered under Sections 406, 420, 109 r/w Section 34 of the IPC.

(3.) In the aforesaid crime, which is seen registered on 27.06.2016, the only person who was arrayed as the accused was the President of the Thirukochi Rural Agricultural Production and Marketing Co-operative Society E-179. It is alleged by the de facto complainant that he was approached by the accused and was induced to believe that he would be made the Vice President of the Society, if he invested a sum of Rs. 15 lakhs. He was also assured with a profit share from the business. A total sum of Rs. 12 lakhs was handed over to the 1st accused. When the accused failed to honour his assurance, information was furnished and the crime was registered. Investigation revealed that the functioning of the Society was against the relevant provisions of the Act and Rules. The accounts were not being properly maintained. Huge sums were accepted by the President from numerous persons assuring that jobs would be provided. It appears that thereafter a report was submitted before Court on 21.07.2016 arraying the petitioner herein and 14 others as accused.