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2024 Supreme(Online)(KER) 26243

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


Advocates:
K.RAKESH

ORDER

The application is filed under Section 439 of the Code of Criminal Procedure , 1973, by the accused 9 to 11 in Crime No.509/2023 of the Cyber Crime Police Station, Thiruvananthapuram, registered against the accused (11 in number) for allegedly committing the offences punishable under Sections 419 and 420 r/w Section 34 of the Indian Penal Code and Section 66D of the Information Technology Act . The petitioner was arrested on 02.04.2024.

2. The essence of the prosecution case is that; the accused 1 to 9, in furtherance of their common intention to deceive the defacto complainant and to secure unlawful gain, fraudulently offered a part-time job to the defacto complainant and made him believe that if he invested in a crypto currency wallet, he would get remuneration. Accordingly, he transferred an amount of Rs.90,36,284/- to various bank account on different dates between 20.11.2023 to 24.11.2023. However, the accused did not give any remuneration to the defacto complainant and refused to return the capital. Thus, the accused have committed the above offences.

3. Heard; Sri.K. Rakesh, the learned counsel appearing for the petitioners and Smt. Seetha. S., the learned Senior Public

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