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2025 Supreme(Online)(Ker) 52956

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
DHANYA.P. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: M.SASINDRAN, SATHEESHAN ALAKKADAN
For the Respondents: K.SANEESH KUMAR, RADHIKA RAMACHANDRAN, M.C.ASHI.SR.PP, P.JERIL BABU, SRINATH GIRISH, M.K.PUSHPALATHA, SR.PP

O R D E R

These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioners are accused Nos.1 and 2 in Crime Nos.715/2025 and 716/2025 of Medical College Police Station, Kozhikode. The offence alleged against the petitioners is punishable under Sections 316 (5) of the Bharatiya Nyaya Sanhita ( BNS ).

3. The prosecution case is as follows:

The petitioners 1 and 2 are the President and Secretary respectively of Nellikkode Woman Co-operative Society. The defacto complainants made fixed deposits in the bank. They presented the fixed deposit receipts for return of the amount. The secretary and President informed them that the receipts were not genuine and they refused to return the amount. The petitioners misappropriated the funds deposited by the de-facto complainants.

4. The case of the petitioners in Annexure AVI order reads thus-

“1st accused is the Secretary and 2nd accused is the President of Nellikkode Woman Co-operative Society. Alleging that petitioners have misappropriated the Fixed Deposit amounts from various customers during the period from 01.01.2021 to 31.08.2025, the present false case was registered based on a FI

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