O R D E R

The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( for short, BNSS ), for an order of pre-arrest bail.

2. The petitioners are the accused 3 to 6 in Crime No.2225/2023 of the Maradu Police Station, Ernakulam, which is registered against six accused persons for allegedly committing the offences punishable under Sections 406 and 420 r/w Section 34 of the Indian Penal Code, 1860.

3. The crux of the prosecution case is that, the de facto complainant(2nd respondent) and his wife had entered into agreements for construction and sale, to purchase two apartments in the Fern Kensington Apartments with the accused. However, the accused failed to handover the apartments as assured in the agreements and caused a loss to the second respondent.

Thus, the accused have committed the above offences.

4. Heard; Sri. K.V.Sree Vinayakan, the learned counsel appearing for the petitioners and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor.

5. The learned counsel for the petitioners submitted that the petitioners are innocent of the accusations levelled against them. The petitioners have no privity of contract with the second respondent. In fact, the