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2024 Supreme(Online)(KER) 28547

HIGH COURT OF KERALA
A. BADHARUDEEN, J
K.R.SADASIVAN, – Appellant
Versus
STATE OF KERALA, – Respondent


Advocates:
ADV NIREESH MATHEW, SRI.M.P.PRASANTH, PUBLIC PROSECUTOR, SRI.RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR

ORDER

i) B.A. No.10309/2023 is an application for anticipatory bail filed by the 1st accused in Crime No.336/2023 of Thiruvalla Police Station. B.A. No.10293/2023 is also filed seeking anticipatory bail and the petitioners are accused Nos.3 to 5 in the same crime. ii) The prosecution allegation in this crime is that the 1st accused being the Managing Director and the other accused who are the Directors of M/S. S.N. Chitty Fund and Bankers offered 18% interest (Rs.1,500/- per month for Rs.1 lakh) and on the said offer jointly collected Rs.7 lakhs (Rs.4 lakh from the husband and Rs.3 lakh from the wife) in between 26.05.2019 to 17.06.2019 on assuring them that M/S. S.N. Chitty Fund and Bankers obtained licence from Reserve Bank to run finance business after suppressing the fact that they had no licence to do financial business. Accordingly, they illegally collected the above said amount and they failed to give interest along with the principal amount as agreed and thereby committed breach of trust as well as cheating punishable under Sections 406 and 420 of the Indian Penal Code (' IPC ' for short hereinafter) read with 34 . They also (3), 5 r/w 23, 25(1) of the Banning of Unregulat

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