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2023 Supreme(Online)(KER) 27418

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


Advocates:
M.A.SULFIA ABDUL JALEEL.A

ORDER

This is an application filed under Section 439 of the Code of Criminal Procedure , 1973, seeking regular bail.

2. The petitioner is the second accused in Crime No.2684/2023 of Crime Branch EOW, Ernakulam, for having allegedly committed offences punishable under Sections 406 , 419 & 420 r/w Section 34 of the Indian Penal Code and Section 66D of the It Act.

3. The prosecution allegation is that the accused Nos.1 to 4, in furtherance of their common intention to cheat the defacto complainant, joined together and called the defacto complainant from different phone numbers between 26.03.2022 to 09.09.2022 and told her that they were calling from a company called Snapdeal and she has received a prize money of Rs.1,32,50,000/-. By making the defacto complainant believe this, they made her transfer an amount of Rs.1,12,48,247/- from her account on different occasions to different bank accounts and misappropriated the same and thereby committed the above offence.

4. Learned counsel for the petitioner and the learned Public Prosecutor were heard.

5. Learned counsel for the petitioner argues that the complainant had given three names with details, and the petitioner did not figure in th

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