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2023 Supreme(Ker) 551

K. BABU
Mohammed Abdul Jabbar – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.K. Mohamed Jameel
For the Respondent: Rekha (Sr. Government Pleader) & Rajesh (Spl. Government Pleader)

ORDER :

K. Babu, J.

This application is filed under Section 439 of the Code of Criminal Procedure.

2. Petitioners are accused Nos.2 & 3 in Crime No.1055/2022 of Manjeri Police Station. The offences alleged against the petitioners and others are punishable under Section 3 read with Sections 21(1), 21(2), Section 5 r/w Section 23 of the Banning of Unregulated Deposit Schemes Act, 2019, Section 3 r/w Section 17 of the Kerala Money Lenders Act, 1958 and Section 3 r/w Section 9(1)(a) of the Kerala Prohibition of Charging Exorbitant Interest Act,2012.

3. The case of the prosecution is that the petitioners and the other accused collected money from different persons in connection with a scheme named “Ente Usthadinu Oru Veed” under the banner of a charitable trust. It is alleged that the petitioners and the other accused collected a sum of Rs.58,50,000/- and thereby obtained wrongful gain. The petitioners were arrested on 22.11.2022, and have in judicial custody since then.

4. Heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.

5. The learned counsel for the petitioners submitted that the petitioners are innocent of the allegations levelled against them. It is

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