M.S.ANIL Vs. STATE OF KERALA

JUDGEMENT

(1.) These Bail Applications filed under Section 438 of Criminal Procedure Code ware heard through Video Conference.

(2.) These bail applications are filed by the accused in crime No.926/2019 of Marayamuttom Police Station, Thiruvananthapuram. The above case is registered against the petitioners and others alleging offences punishable under Sections 406 , 420 , 465 , 467 and 468 r/w 34 IPC . The petitioners in B.A. No.9478/2019 are the 1st and 2nd accused and the petitioners in B.A No.1320/2020 are accused Nos.5, 6, 13, 14, 12, 11, 9 and 8 respectively.

(3.) The prosecution case is that the 1 st accused is the Former President and the 2nd accused is the Former Secretary of Marayamuttom Service Co-operative Bank Ltd. Accused Nos.3, 4 and 15 are the employees of the bank. Accused No.11 is the son of the 1st accused and all others are the Director Board members of the Marayamuttom Service Co-operative Bank. The first information statement given by the defacto complainant is that he is a member and beneficiary of Poultry farming scheme of the Marayamuttom Service Co-operative Bank in the year 2015-16 and that on 11.2.2015 he was given 240 chickens, 2 cages in connection with the above scheme. It is also the case of the complainant that from 28.4.2015 onwards eggs were collected by the Bank and the collection of the eggs were entered in a pass book. After six months poultry was also taken by the bank. The bank assured at the beginning itself that he will be paid Rs.150/- per day for this as daily remuneration. On 16.11.2019 he got a registered letter from the bank demanding repayment of an amount of Rs.2,37,146/- due to the bank as arrears of the loan. When he enquired with the bank, he came to know that he had taken loan for two units of Poultry Scheme and it was defaulted. According to the defacto complainant he was not aware of taking of a loan and it is also subsequently noted that the supply of the eggs and chicken was not recorded in the records of the bank. But they are seen recorded in the pass book issued by the Farmers Producers Company having the emblem of Marayamuttom Service Co-operative Bank. He was not informed about any loan to be taken when he joined the scheme. It is alleged that the bank obtained blank signed stamp papers in the beginning and the same was misused and thereby cheated the defacto complainant and hence committed the offence.