ORDER

The petitioners are the accused 1 and 2 in C.C.No.339/2021 on the file of the Court of the Judicial First Class Magistrate-III, Kottayam, (Trial Court) which has originated from Crime No.265/2014 registered by the Ayarkunnam Police Station, Kottayam, alleging the commission of the offences punishable under Section 420 r/w Section 34 of the Indian Penal Code , (‘ IPC ’, in short).

2. The gravamen of the prosecution case is as follows:-

The accused persons, in furtherance of their common intention, had, through the 4^th accused, published an advertisement in the Manorama daily dated 19.01.2013, stating that 63 and ¾ cents of land belonging to the 1^st accused is available for sale. The advertisement was published with full knowledge that 30 cents of the above land, comprised in Survey No. 439/3/3 in Ayarkunnam Village, was already sold to Jiji Mathew (CW6). On the 2^nd respondent’s brother and wife (‘victims’, in short) responding to the advertisement, the accused 1 to 4 made them believe that the property was free from encumbrance. Accordingly, the victims paid the accused persons Rs.50,00,000/- as sale consideration, and the 1^st accused sold 20 cents of land to the victims, fro