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2023 Supreme(Online)(KER) 4685

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


Advocates:
K.K.DHEERENDRAKRISHNAN, N.P.ASHA, PUBLIC PROSECUTOR R.GOPAN

ORDER

This is an application for pre-arrest bail filed under Section

438 of the Code of Criminal Procedure , 1973.

2. Petitioner is the 1st accused in Crime No.1227 of 2022 of Poojappura Police Station, Thiruvananthapuram District, alleging offences punishable under Section 420 r/w Section 34 of the Indian Penal Code , 1860.

3. According to the prosecution, accused had, after cheating the defacto complainant, obtained Rs.12,00,000/- offering to procure an employment for the son of the defacto complainant at Travancore Titanium Products Ltd, Thiruvananthapuram and collected his bio-data and thereafter conducted a fake interview and failed to provide employment or return the money and thereby committed the offences alleged.

4. Sri.K.K.Dheerendrakrishnan, the learned counsel for the petitioner contended that the prosecution allegations are false and that incident as alleged had not occurred. It was further submitted that the petitioner has been wrongly roped in as an accused, and that he is willing to abide by any conditions that may be imposed.

5. The learned counsel for the defacto complainant on the other hand contended that the allegations are serious and the ‘job racket’ is still i

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