ORDER

Dated this the 24th day of September, 2021 The petitioners, who are accused Nos. 3 and 7 in Crime No.489 of 2021 registered for the offenes punishable under Sections 406, 420 and 395 of the Indian Penal Code have filed this application before this Court apprehending arrest.

2. The prosecution allegation is that the accused have approached the wife of the defacto complainant with the intention to deceive her by making an offer that she would be made as partner in certain business concerns run by them. Believing the false promise of the accused, she had handed over a total sum of Rs.59 Lakhs and also a car worth Rs.4 Lakhs. But she was not made as a partner in the business. Thereafter, on 23.02.2021 the 1st accused along with the other accused had invited the husband of the defacto complainant to the apartment of the 1st accused promising that an agreement will be drafted on the very same day for the receipt of the money from his wife and believing her words, he proceeded to her flat and reached there in the night. When he reached there, the petitioners along with the other accused have wrongfully confined him in the flat and threatened him by pointing a gun towards him. They have also taken obscene photographs of him with the 1st accused and threatened that if he proceeds against them, they would publish the obscene photos captured in their mobile phone. The have also committed robbery of the gold chain worn by him weighing five sovereigns by putting him under threat and coercion and thereby committed the aforesaid offences.

3. The learned counsel for the petitioners would submit that they were falsely implicated in the case due to the enmity of the defacto complainant towards the accused. They have absolutely no involvement in the alleged offences. So also, they have no transaction with the defacto complainant or his wife at any point of time. Though they are totally innocent of the allegations levelled against them, they apprehend arrest due to the influence of the defacto complainant over the police and thereby they were compelled to approach this court with the petition.

4. But the learned Public Prosecutor has refuted the contentions raised by the petitioners. It is also contended that in fact all the accused persons have not been arrested till date. Only accused Nos. 1, 2, 4 and 5 were arrested and the investigation of the case is only in the preliminary stage. It is also pointed out that the amount of Rs.59 Lakhs in fact had been collected from the wife of the defacto complainant by making the false statement that she would be permitted to join in the business run by the 1st accused. The 1st accused had created a plot with the other accused that she is engaged with various businesses and so, if the amount is deposited, the wife of the defacto complainant would earn profit from the businesses and that was the only reason why the amount had been parted by her with the 1st accused. But the intention of the accused was to cheat, commit robbery and loot the money from the defacto complainant and her husband. The obscene photographs were also taken with the intention to threaten them to abstain from raising a complaint against the accused. Since there was further threat from the side of the accused demanding more money and attempt to blackmail by misusing obscene photographs captured by the accused with the 1st accused, they have decided to lodge the complainant against them and that is the reason for the delay in lodging the complaint. According to the learned Public Prosecutor, custodial interrogation of these petitioners are absolutely necessary to proceed with the case and hence, the application is vehemently opposed.

5. The offence alleged against these petitioners are grave and serious in nature, as the 1st accused had captured obscene photographs of the husband of the defacto complainant with her after putting him under threat and coercion. He was invited to her flat in the night on the false promise that a valid ag