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2025 Supreme(Online)(Ker) 55674

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


Advocates:
For the Appellants/Petitioners: SHRI.RAAJESH S.SUBRAHMANIAN, SHRI.V.R.RAJESH, SHRI.M.V.SATHIANARAYANAN
For the Respondents: SMT. M. K. PUSHPALATHA, SR PP

ORDER

This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is accused No.3 in Crime No.1879 of 2025 of Kodungalloor Police Station, Thrissur District. The offences alleged against the petitioner and the other accused are punishable under Sections 3 18 (4), 316(2), 61(2) (a) read with Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ), 2023.

3. The prosecution case, as narrated in Annexure 5 order reads thus:

“the first and second accused, with the dishonest intention of deceiving the complainant and making unlawful gain, fraudulently obtained gold ornaments weighing about 160 grams, valued at approximately 20 lakhs, from the complainant under the pretext of a gold loan transaction and the first accused, who was the manager of "Surya Gold Loan" situated at Kavil Kadavu, Kodungallur, accepted the gold ornaments from the complainant on 17.12.2024 and 21.04.2025 as part of the pledged loan arrangement and gave her money in return. However, when the complainant later repaid the loan amount and came to retrieve her gold ornaments, both the first and second accused cheated her by not returning the gold omaments worth

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