O R D E R

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (‘Code’, for the sake of brevity), for an order of pre-arrest bail.

2. The petitioners are the accused 1 and 2 in Crime No.708/2021 of the Kongad Police Station, Palakkad, which is registered against them for allegedly committing the offence punishable under Section 420 of the Indian Penal Code, 1860 ( IPC ). Pending the bail application, the first accused/first petitioner is alleged to have committed suicide on 24.2.2024. The learned Senior Counsel appearing for the petitioners submitted he is confining the bail application to the second petitioner/second accused.

3. The prosecution allegation, in brief, is that, the accused, in furtherance of their common intention, to cheat the de facto complainant, had received Rs.1,52,83,334/- from the de facto complainant/second respondent in five installments between 2018 and 30.11.2019, by making him believe that they would involve him in their real estate business in Trichy and Bangalore. However, the accused did get the de facto complainant involved in their business, but cheated the de facto complainant/2nd respondent. Thus, the accused have c