AVARACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

(2.) Petitioner is the 1st accused in Crime No.693/2017 of Binanipuram Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 406 , 420 , 423 and 468 r/w 34 of IPC .

(3.) The prosecution case is that the petitioner entered into an agreement with the 2nd respondent to sell 3 cents of property in Sy.No.164/7 of Kadungalloor Village on 21.3.2012. On that date the petitioner was not the owner of the above mentioned property. On 28.3.2012, sale deed was executed in favour of the 2nd respondent stating that the above said property is a parambu. But as per the basic tax register, the property is an agricultural land included in the data bank. Due to this, the 2 nd respondent could not construct a house under the scheme of the Kadungalloor Grama Panchayath for scheduled caste. Hence it is alleged that the petitioner committed the offence.