P.S.SREEKUMAR Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioners are accused Nos. 1, 2 and 9 in Crime No.3205 of 2019 of Cherthala Police Station. Above case is registered against the petitioners and others alleging offences punishable under Section 406 , 407 , 409 , 420 , 467 , 468 , 471 and 120B read with Section 34 of IPC. The case is registered based on a private complaint filed by the defacto complainant-bank before the jurisdictional court which is forwarded to the police under Section 156 (3) Cr.P.C.

(3.) The prosecution case is that the 1st accused/ 1st petitioner was the Secretary of Thirunnalloor Service co- operative Bank. The 2nd petitioner is his wife. The 3rd petitioner was the president of the Society for a long time. According to the bank, the 1st petitioner knowing that certain lands are paddy land, disbursed loan with wrong entry in 'Gahan' register. It is the case of the prosecution that, the 1st petitioner noted the property in the 'Gahan' as garden land. But actually the property is a paddy land. According to the prosecution, about 25 lakhs is disbursed to accused Nos.4 to 8 by the petitioners and others. It is also alleged that the property mortgaged includes the property of the 2nd petitioner, who is the wife of the 1st petitioner.