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2024 Supreme(Online)(KER) 10731

HIGH COURT OF KERALA
C.S. DIAS, J
SAIFUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-

arrest bail.

2. The petitioners are the accused in Crime No.797/2023 of Vengara Police Station, Malappuram registered against them to have committed the offences punishable under Sections 420, 465, 466 and 468 r/w Section 34 of the Indian Penal Code.

3. The prosecution allegation against the accused is that, on 22.3.2023 they had received money from the de facto complainant and, thereafter, they clandestinely took away the vehicle belonging to the de facto complainant.

Thus, they have committed the above offences.

3. Heard; Sri.K.K.Dheerendrakrishnan, the learned counsel appearing for the petitioners, Smt. Neema T.V. the learned Public Prosecutor and Sri.Sunny Mathew, the learned counsel appearing for the additional 3rd respondent/intervener.

4. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusation levelled against them. Even going by Annexure II FIR, the transaction is purely civil in nature. Annexue III promissory note shows that de facto complainant had collected money from the 1st petitioner, promising to repay the amou

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