C.S.DIAS, J.

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Crl.M.C. No. 10061 OF 2025 -----------------------------------------

Dated this the 7^th day of November, 2025 ORDER The petitioners are the accused 1 and 2 in Crime No.611/2025 registered by the Karamana Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 316 (2), 318(2) and 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita , 2023 (‘ BNS ’, in short).

2. The crux of the prosecution case is that, the petitioners, with a common intention to cheat the defacto complaint (2^nd respondent), had received an amount of Rs.30/- lakh from him on the assurance of redeeming 420 grams of gold ornaments that were pledged with a financial institution. On believing the words of the petitioners, the 2^nd respondent paid Rs.30/- lakh for redeeming the gold ornaments. However, the petitioners failed to redeem the gold ornaments and also refused to return the amount of Rs.30/- lakh. Thus, the petitioners 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 allegatio