Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.1180/2014 of the Malappuram Police Station registered for the offence punishable under Section 420 of the Indian Penal Code.
3. The brother in law of the de-facto complainant, working at Dubai, got a SMS to his mobile phone stating that a multi millionaire, who died in U.S.A., wanted his billions of dollars to be disbursed among poor persons, and the persons assisting for the same shall be given attractive commission. On 3.8.2014, the brother in law of the de-facto complainant came to Malappuram and contacted the petitioner in the phone number provided. The petitioner represented that 3 boxes from America would be received on sending an amount of ₹5,00,000/-, out of which the first box would be handed over in a hotel at Delhi. After accepting an amount of ₹5,00,000/-, one of such sealed boxes was handed over. It was represented that the other boxes would reach from U.S.A. subsequently, and the code number for opening the box would also be sent from U.S.A. Without waiting further, they opened the box, and it was found that it contained mere waste papers. Thereafter, the de-facto complainant contacted the petitioner and told him that the balance amount could also be handed over for the other two boxes and invited the petitioner to Malappuram for making such payment. Without fail, the petitioner reached Malappuram on the belief that they might not have opened the other box. On reaching Malappuram, he was taken into custody on 17.10.2014.
4. Heard the learned counsel for the petitioner and the learned senior Public Prosecutor. The contents of the C.D. prima facie reveal the complicity of the petitioner. The investigation has a long way to go. This is a part of the large scale cheating being exercised on greedy persons. The petitioner is hailing from Ivory Coast.
5. Considering the seriousness of the allegations against the petitioner and the present stage of investigation, I am satisfied that the petitioner is not entitled to be enlarged on bail.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge