The applications are filed under Section 439 of the Code of Criminal Procedure, 1973 , by the accused 1 and 2 in Crime No.404/2024 of the Manjeri Crime Police Station, Malappuram, registered against the accused, for allegedly committing the offences punishable under Section 420 of the Indian Penal Code and Sec.66D of the Information Technology Act . The petitioners were originally arrested in crime No.169/2024 of the Nenmara Police Station, Palakkad. The petitioners’ arrest was recorded on 18.4.2024 in the present crime. BA No.3743/2024 is filed by the first accused and BA No.3945/2024 is filed by the second accused. As the applications arise out of the same crime, they are consolidated, jointly tried and are being disposed of by this common order.

2. The gist of the prosecution case is that; the accused, in furtherance of their common intention, to cheat the de facto complainant made him believe that there was a loan approved in his favour and requested him to make an online application. When the de facto complainant submitted the application the accused made certain corrections and collected an amount of Rs.68,229/- on 16.4.2024 and 21.2.2024. The accused did not give the am