Kerala HC Denies Bail to Man Accused of Duping Woman of ₹3.8 Lakh for False Job Promise

Kerala HC Denies Bail to Man Accused of Duping Woman of ₹3.8 Lakh for False Job Promise

The Kerala High Court declined to provide anticipatory bail to an individual accused of defrauding a woman of ₹3.8 lakh by falsely promising to secure a job for her as a High Court Assistant.

In delivering the verdict denying anticipatory bail, Justice Sophy Thomas expressed the view that custodial interrogation would be essential in this instance to unravel the intricacies of the job scam.

The prosecution's allegation against the petitioner/accused in this case is that he falsely assured the victim woman's husband of securing a job at the Kerala High Court for her, in exchange for ₹3.8 lakhs. However, he failed to fulfill his promise and did not return the money either.

Subsequently, a First Information Report (FIR) was lodged with the police, alleging the commission of offenses punishable under Sections 417 (cheating), 406 (criminal breach of trust), and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC). 

The accused later petitioned the High Court for anticipatory bail. He contended that a cheque he issued for ₹3.6 lakh to the complainant woman's husband bounced, and he declined to issue a new cheque because the husband had not served him a notice to initiate proceedings under the Negotiable Instruments Act.

Additionally, he argued that he had lodged a police complaint against the woman's husband two months prior to the woman filing her complaint against him. However, the public prosecutor opposed the anticipatory bail application, asserting that the monetary transactions as claimed by the petitioner were false. The prosecutor contended that the evidence and facts available suggested that the complainant's account of events was accurate.

The de-facto complainant informed the Court that the petitioner had defrauded others using the same scheme. Considering this information, the Court deemed it inappropriate to grant anticipatory bail in this matter. Instead, it directed the petitioner to surrender before the investigating officer by March 7 and cooperate fully with the investigation.

The petitioner was represented by advocates Rameez Nooh, Fathima K, Ronit Zachariah, Badir Sadique, and KN Muhammed Thanveer.

The complainant-woman was represented by advocates Ajai John and VM Sajan.

Senior Public Prosecutor Vipin Narayanan appeared for the State prosecution.

 
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