SAHADEVAN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioner is the second accused in Crime No.2201 of 2019 of Karamana Police Station, Thiruvananthapuram. The above case is registered against the petitioner and others alleging offences punishable under Sections 120B , 406 , 420 and 506 read with Section 34 IPC.

(3.) The prosecution case is like this: The defacto complainant is a member of 'Koodathu' family at Karamana in Thiruvananthapuram District. The son of the defacto complainant Sri.Prakash is entitled to the entire properties of 'Koodathu' family by way of intestate succession. Accused Nos.1 to 10 hatched a conspiracy to appropriate the entire assets of 'Koodathu' family. As part of the conspiracy, accused Nos.3 to 9, with the connivance of accused Nos.1 and 2, filed O.S.No.135 of 2013 before the Additional Subordinate Judge's Court-II, Thiruvananthapuram in respect of the properties of 'Koodathu' family. Sri.Prakash, the son of the defacto complainant, Sri.Raveendran Nair (Accused No.1) and Sri.Sahadevan, who is the petitioner herein were arrayed as defendants in the suit. As the son of the defacto complainant was not available at home, the defacto complainant was authorised by him to prosecute the suit by way of power of attorney. During the course of the proceedings in the suit, under threat and coercion from the part of the accused, the defacto complainant was compelled to affix her signature in a compromise petition and the same was filed before the court as part of the conspiracy. The accused, thereby, succeeded in getting a decree in their favour in respect of the properties of 'Koodathu' family. The properties thus fraudulently appropriated by the accused worth Crores of Rupees. The properties originally belonged to Sri.Jayamadhavan Nair, an insane person. Accused Nos.1, 11 and 12 had forged a Will and used it as genuine with the intention of causing it to be believed that it was made by late Jayamadhavan Nair. Accused No.1 alienated the properties fraudulently obtained by him. Therefore, it is alleged that the accused committed breach of trust, cheating etc. Conspiracy is also alleged. The offence under Section 420 IPC is also alleged.