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2018 Supreme(Online)(KER) 38244

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SUNIL KUMAR A.S. – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.D.KISHORE, SMT.MINI GOPINATH, SMT.MEERA GOPINATH, SRI.MURALEEKRISHNAN R.(MALAKKARA), SRI. AJITH MURALI

ORDER

1. This petition is filed under Section 438 of the Code of Criminal Procedure.

2. The petitioner herein is arrayed as the 2nd accused in Crime No.110 /2018 of the Vattiyoorkavu Police Station registered under Sections 406 and 420 read with Section

34 of the IPC.

3. The de facto complainant is a business man. The petitioner is a 'Thanthri' / 'Poojari', who ekes out his livelihood by conducting Poojas and other ceremonies. According to the complainant, the 1st accused introduced him to the petitioner and he was told that the petitioner is a renowned Poojari. He was induced to believe that his business and personal life would improve if certain ceremonies were held. Believing the words of the accused, various poojas were conducted by expending huge sums of money. The complainant was also induced to purchase ruby stones, star stones etc. The stones were found to be fake later. Neither his business nor his personal life improved which convinced the complainant that the petitioner had deceived him. He then rushed to the police and lodged a complaint based on which the crime was registered.

4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and I

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