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2024 Supreme(Online)(KER) 27170

HIGH COURT OF KERALA
C. PRATHEEP KUMAR, J
MUHAMMED ASHIQ.K, – Appellant
Versus
STATE OF KERALA, – Respondent


Advocates:
T.P.SANTHOSH KUMAR, C.H.ABDUL RASAC

ORDER

Dated this the 7th day of May, 2024 This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by accused Nos. 1 to 3 in Crime No. 169 of 2024 of Nenmara Police Station, Palakkad, registered under Section 420 of IPC and Section 66D of the Information Technology Act .

2. The prosecution allegation is that, the accused persons, with the common intention to get unjust enrichment by cheating others, posted an advertisement in ‘Instagram’ on 19.02.2024 ‘Vivriti Online loan’ with less interest, and send a link to the Whatsapp account of the de facto complainant, and offered an amount of Rs.50,000/- to her as loan. As demanded by the BA No. 3668 of 2024 ..3.. accused persons, on 20.02.2024 and 21.02.2024, the de facto complainant transferred a total sum of Rs.35,000/- to the accused persons. Accused persons neither arranged any loan nor repaid the amount received, and thereby, they alleged to have committed the aforementioned offences.

5. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

6. Learned Public Prosecutor opposed the bail application. The learned Public Prosecutor submitted that one more similar cas

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