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2025 Supreme(Online)(KER) 5331

HIGH COURT OF KERALA
P. G. Ajithkumar, J
JOBY GEORGE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
K.K.DHEERENDRAKRISHNAN, N.P.ASHA, NOUSHAD.K.A, SR PP

O R D E R

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita ( BNSS ).

2. Petitioner is an accused in Crime No.84/2025 of Kaduthuruthi Police Station, Kottayam. The above case is registered against the petitioner alleging offence punishable under Section 420 of the Indian Penal Code.

3. The prosecution case is that the accused collected an amount of Rs.4,40,00,000/- from the defacto complainant promising him that the petitioner and the defacto complainant will jointly purchase a hotel, namely, Hotel Zuri at Kumarakom, which is a five star hotel. But, the accused has not purchased the Hotel. It is an admitted fact that the defacto returned an amount of Rs.3 Crores and the balance amount of Rs.1.4 Crores is not returned. Hence, it is alleged that the accused committed the offence.

4. Heard counsel for the petitioner and the Public Prosecutor.

5. The counsel for the petitioner submitted that, even if the entire case is accepted, no offence is made out. It is a monetary claim. It is also submitted that an Arbitrator was appointed between the parties and the Arbitrator also passed an award. The counsel submitted that the petitioner is ready to abide by a

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