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2023 Supreme(Online)(KER) 308

HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
N. BASURANGAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.V.BABY, BENCILAL B.S., RINU. S. ASWAN, GOPIKA H.H, LEKSHMY I., SRI. M.C.ASHI, PP, SRI.S.NIKHIL SANKAR, SMT.T.V.NEEMA, SR.PP

O R D E R

Apprehending arrest in Crime No.726/2023 of Maranalloor Police Station, Thiruvananthapuram District, registered for offences punishable under Sections 420 and 409 and r/w section 34 of the IPC accused have filed this application under Section 438 of the Code of Criminal Procedure .

2. The petitioners are accused Ns.1 and 2 in Maranalloor police station Crime No.726/2023 u/s Section 420 , 409 & 34 IPC . They served as the President and secretary of Kandala Co-operative Bank Ltd.No.197. With the intention to deceive the complainant, the petitioners dishonestly induced the complainant to invest money in Kandala Co-operative Bank by promising a higher interest rate for investment. By believing their words, the complainant deposited Rs.10,00,000/- on 27.06.2012. Rs.4,45,000/- on 6.9.2018, Rs.4,45,000/- on 5.9.2018 and Rs.2,00,000/- on 3.3.2023 with sum of Rs.21,00,000/-. After the completion of the investment tenure, the complainant was not paid the promised amounts. Thus, petitioners have committed an offence under the above sections by cheating and deceiving the complainant by not paying the deposit amount despite several demands.

3. As per the direction of this Court, the d

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