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2024 Supreme(Online)(Ker) 88446

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JUSTICE, J
SUBAIR KUTTY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellant: Sri.S.Muhammed Haneeff
For the Respondents: Sri.C.S.Hrithwik, Sri.S.Sreekumar

ORDER

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 , ( for short, ‘Code’) for an order of pre-arrest bail.

2. The petitioner is the sole accused in Crime No.210/2024 of the Sasthamcotta Police Station, Kollam, which is registered against him for allegedly committing the offences punishable under Sections 406 and 420 of the Indian Penal Code .

3. The prosecution allegation is that, the accused, who was working as the Supervisor of the Ayush Industries which belongs to the son of the de facto complainant, with an intention to cheat the son of the de facto complainant had between the period from 02.12.2023 to 18.01.2024 did not properly account for Rs.32,73,981/-, made a shortage of 32 water tanks having a value of Rs.9,76,000/- and had taken Rs.30,000/- towards the salary of a Security Guard, whom he did not engage, and thus cheated the de facto complainant’s son Rs.42,79,981/-. Accordingly, the accused has committed the above offences.

4. Heard; Sri.S.Muhammed Haneeff, the learned counsel appearing for the petitioner, Sri.C.S.Hrithwik, the learned Senior Public Prosecutor and Sri. S.Sreekumar, the learned counsel appearing for the de facto compl

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