Prameesh vs State Of Kerala

Raja Vijayaraghavan V, J

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

The petitioner herein the 2nd accused in Crime No.1321 of 2020 of the Chevayoor Police Station registered inter alia under Sections 406 and 420 of

the IPC.

The father of the petitioner, his sisters and their mother were the absolute owners in title and possession of property having an extent of 9.67 cents

in Re-Sy. No.109/5 of Vengeri Village. The owners of the said property contacted a buyer and conveyed the property. The consideration for the

transaction was transferred by the buyer to the account of the father of the petitioner, the 1st accused in the instant crime. The 1st accused was

required to transfer the proportionate share of the amount to the other sharers. However, the 1st accused refused to do the same for reasons best

known to him alone. In the said circumstances, the grandmother of the petitioner lodged a complaint before the police alleging Criminal breach of trust

and cheating .

The learned counsel appearing for the petitioner submits that the petitioner has nothing to do with the transaction between the 1st accused and his

sisters and mother. No offence under Sections 420 or 406 of the IPC is attracted in against him is the submission.

On instructions, the learned Public Prosecutor submits that an absconding charge has been laid before the jurisdictional Magistrate as the

petitioner’s presence could not be secured and the case is now pending as C.C.No.187 of 2021 on the file of the Judicial Magistrate of First

Class- 1, Kozhikode.

I have considered the submissions advanced. It appears that the final report has been laid and in that view of the matter necessary directions can be

issued to the petitioner to appear before the learned Magistrate and seek regular bail. The apprehension of the petitioner that he would be remanded is

misconceived.

In said circumstances, I direct the petitioner to appear before the jurisdictional Magistrate within a period of two weeks from today and seek regular

bail. If such an application is preferred, the learned Magistrate shall consider the same and pass orders on the same day itself taking note of the facts

and circumstances.

This application will stand dismissed..