SHIJITH 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 2nd accused in Crime No.2334 of 2017 of Vizhinjam Police Station, registered under Sections 406, 420, 465 and 471 r/w Section 34 of the IPC.

(3.) The de facto complainant is running a rent a car business. He owns a Mahindra XUV 500 car bearing registration No. KL-14-P-2260 and also a BMW car bearing registration No. KL 32-D-1000. On 15.11.2017 at about 4.00 p.m., the petitioner herein along with the accused Nos.1 and 3 approached him and took the aforesaid vehicles on rent for a period of five days. The car was not returned within the agreed period. When he tried to contact the accused, the phone was switched off. Later, he received information that the BMW car belonging to him was sold by the petitioner and the accused Nos.1 and 3, after fabricating its Registration Book, to some person at Palakkad. On these allegations a complaint was furnished, based on which the crime was registered.