ASHIQUE @ POTTU Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicants herein are the accused Nos. 5 and 8 in Crime No.294 of 2019 of the Kodakara Police Station registered under Sections 394, 120B r/w Section 34 of the IPC.

(3.) It is the case of the prosecution that the 1 st accused in the subject crime received a sum of Rs.3 lakhs by way of loan from a relative of the de facto complainant. She is alleged to have assured the informant that the money would be returned together with handsome interest. When the amount was not returned, the informant threatened that he would initiate proceedings to realise the same. While so, on 23.05.2019, the informant was invited by the accused to come and collect the amount. The informant along with his friend, one Anoop came in a motor bike to collect the amount and a sum of Rs.5 lakhs was allegedly handed over. While the informant was returning back he was allegedly chased by accused in separate vehicles. While being chased, the informant dashed his vehicle on to another vehicle and he fell down. While he was lying injured, the 7 th accused is alleged to have come in a bike and snatched the cash from his possession.