MOHAMMED YAHIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in the case registered as Crime No.1254/2018 of Mulanthuruthy police station. It is a case registered for the offences punishable under Sections 420 and 506(i) I.P.C.

(2.) The case was registered against the petitioner, on the basis of the complaint filed against him by the second respondent in the Magistrate's Court concerned, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for investigation.

(3.) The prosecution case is as follows: The petitioner is the uncle of the second respondent. On the noon of 01.12.2018, the petitioner took the car owned by the second respondent with his consent. The petitioner had promised that he would return the car in the evening on that day. He called the second respondent over phone in the evening and told him that he would return the car on the next day. On 02.12.2018, when the second respondent called the petitioner over phone, he told the second respondent that he would return the vehicle only if the second respondent paid him an amount of Rs.10,00,000/-. It is alleged that the petitioner threatened the second respondent that, if he approached the petitioner for the vehicle, he would kill him.