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2022 Supreme(Online)(KER) 20270

HIGH COURT OF KERALA
VIJU ABRAHAM, J
SURESH VAIDYAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
S.RAJEEV, V.VINAY, M.S.ANEER, PRERITH PHILIP JOSEPH, SARATH K.P., ANILKUMAR C.R.

O R D E R

This is an application for anticipatory bail.

2. Petitioner is the 3rd accused in Crime No. 409/2022 of Infopark Police Station, Ernakulam District alleging commission of the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code .

3. The prosecution allegation as per F.I.R. is that first accused canvassed the defacto complainant and his wife and made them to invest Rs. 10,82,452 for 2 apartments in the ‘Blue Berry Dezira Kakkanadu’ Project and also made the defacto complainant to invest Rs 72,23,722 for the 12 service apartments in the ‘Sun Paul Metropolis Smart City Kakkanad’ project. The specific allegation is that after receiving the money, the accused failed to transfer flats or to return the amount collected.

4. The petitioner had earlier approached this Court filing Bail Application No. 4221/2022 and the same was disposed of recording the submission of the learned Public Prosecutor that no crime has been registered against the petitioner with a further direction that a notice U/s 41 A be issued to the petitioner if he is required by Police. Now the petitioner has been issued with Section 41 A notice which is produced as Annexure

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