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2025 Supreme(Online)(Ker) 46215

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
ANIL KUMAR.K – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ABDUL RAOOF PALLIPATH, SHRI.E.MOHAMMED SHAFI, SRI.PRAJIT RATNAKARAN, SMT.GANGA A.SANKAR, SMT.KRISHNAPRIYA R., SMT.ANJU DONY
For the Respondents: SMT.SEETHA S, SR.PP

ORDER

Dated this the 21st day of October, 2025

The petitioners are the accused 1 to 7 in C.C.No.726/2021 on the file of the Court of the Judicial First Class Magistrate, Taliparamba (‘Trial Court, in short), which arises out of Crime No.907/2019, registered by the Taliparamba Police Station, Kannur, for the offences punishable under Sections 120B , 406, 418, 420 read with Section 34 of the Indian Penal Code .

2. The prosecution's case, in essence, is that on 28.11.2011, the accused persons had hatched a conspiracy and made the defacto complainant believe that if he invested in the shares of a company named ‘Recad Builders and Developers Ltd.’, he would be given high profits and an employment in the company. Accordingly, the defacto complainant paid Rs.3/- lakh to the accused persons 1 and 2, who divided the money with the other accused persons.

Thus the accused have committed the above offences.

3. I have heard the learned Counsel for the petitioners and the learned Public Prosecutor.

4. The learned Counsel for the petitioners submits that, even if the entire allegations in Annexure A1 Final Report are taken on its face value, the same will not constitute the offences alleged in the

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