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2024 Supreme(Online)(KER) 35491

HIGH COURT OF KERALA
C.S. DIAS, J
MUHAMMED ALTHAF HUSSAIN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.SANJAY, P.K.MURALYKRISHNAN, A.PARVATHI MENON, BIJU MEENATTOOR, PAUL VARGHESE (PALLATH), KIRAN NARAYANAN, RAHUL RAJ P., MUHAMMED BILAL.V.A, MEERA R. MENON, DEVIKA S. PRASAD

COMMON ORDER

Dated this the 25th day of November, 2024 The applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( ‘the BNSS ’ for short) 2023, by the accused 5 and 6 in Crime No.355/2024 of the Kadavanthra Police Station, Ernakulam, which is registered against six accused persons for allegedly committing the offences punishable under Sections 318 (4) and 316(2) read with Section 3 (5) of the BNS and Section 66 (b) of the Information Technology Act .

2. B.A No.9269 of 2024 is filed by the 5th accused and B.A No.9274 of 2024 is filed by the 6th accused. As the applications arise out of the same crime, they are consolidated, jointly heard and are being disposed of by this common order. The petitioners were remanded to judicial custody on 21.10.2024.

3. The prosecution case, in brief, is that, the accused 1 and 2 had induced the first informant to join a whats app group named “D5 Aviva Investment Academy” and the 2nd accused shared the first informant’s mobile number with the 1st accused, and the 1st accused instructed the first informant to transfer Rs.52,22,000/- to his bank account on the assurance of paying profit. Consequently, the first informant trans

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