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2021 Supreme(Ker) 212

SHIRCY V.
Althaf S/o. Ajaib – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.N. Sukumaran.
For the Respondent: Sri. C.N. Prabhakaran, SR.PP.

ORDER :

Application for regular bail.

The petitioner is the accused in Crime No.371/2021 of Varkala Police Station registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

2. The petitioner has been in custody since 08.02.2021.

3. The prosecution allegation is that the petitioner and the defacto complainant are friends. He got acquaintance with her through 'Instagram'. He then with the intention to cheat the defacto complainant, received 6 sovereigns of gold ornaments from her and also her ATM card. Then he dishonestly withdrew an amount of Rs.15,000 from her account and thereby committed the aforesaid offences.

4. The learned counsel for the petitioner would submit that the petitioner is a young boy aged only 21 years. He has not committed any offence as alleged by the prosecution. But in fact, the defacto complainant has handed over her gold ornaments so as to pledge the same and collected money for her to purchase luxurious items such as camera, costly dress and other things. But he has never received her gold ornaments with the intention to cheat her. But he is undergoing incarceration for the last more than 50 days, hence this application.

5. Accor

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