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2024 Supreme(Online)(KER) 35637

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


Advocates:
SRI.AIBEL MATHEW SIBY, SRI.SIBY CHENAPPADY, SMT.ANU GEORGE, SMT.ELANA ROSE SIBY, SMT.PUSHPALATHA M, SMT.KAVYA VARMA M.

Table of Content
1. gist of the prosecution case (Para 3)
2. amicable settlement (Para 5 , 6)
3. consideration of facts (Para 7)

ORDER

Dated this the 27th day of November, 2024 The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘the BNSS ’ for short), for an order of pre-arrest bail.

2. The petitioner is the 1st accused in Crime No.1143/2024 of the Gandhi Nagar Police Station, Kottayam, which is registered against the accused persons for allegedly committing the offences punishable under Sections 318(1), 318(2), 319(1) and 61 r/w Section 34 of the Bharatiya Nyaya Sanhita, 2023.

3. The gist of the prosecution case is that: the accused persons, in furtherance of their common intention, to cause wrongful loss to the defacto complainant made him believe that they would start a new business for him on the assurance of giving him high profit. Accordingly, the accused 1 and 2 secured a licence from the Panchayat in the name of the defacto complainant to start the business. Thereafter, the accused persons induced the defacto complainant to secure a loan from the Kerala Gramin Bank, Kumaranalloor, for Rs.9,26,297/- with the help of the 4th accused and di




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