SANIL KUMAR V. T. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in B.A.No.3256/2020 is the 2 nd accused in Crime No.434/2019 while the petitioner in B.A.No.3261/2020 is the 3rd accused in Crime No.435/2019 of Santhanpara Police Station for having allegedly committed offences punishable under Sections 420 , 465 , 466 , 468 , 471 r/w section 34 of IPC and under Section 7 (a) & (b) of the Kerala Land Conservancy Act.

(2.) The prosecution case in brief is thus:- The petitioners had allegedly in furtherance of common intention with the other co- accused executed forged documents and sale deeds in their favour purporting to be properties comprised in Survey No.20/11 of Chinnakanal Village, which was allegedly covered by two pattas issued to their predecessor in-interest in LA Nos.94 & 96/69. The entire property as per the patta was subsequently sold by different sale deeds and the petitioners would contend that they had purchased the property form the co-accused as per a proper sale deed. But the allegation of the prosecution is that the properties comprised in the patta were already sold and is in the possession of different persons and the petitioners had concocted documents to indicate that the property belonging to the Government in Survey No.148/4 & 1/1, which is actually Government Puramboke were sought to be included in the sale deeds belonging to the petitioners as if the documents comprised in Survey No.20/11 and therefore the crimes were registered against the petitioners.

(3.) The petitioners would contend that they are innocent, bona fide purchasers of the property. They had after the purchase sought to mutate the property in their favour by paying land revenue, it was opposed and consequently they approached this Court by filing W.P (C)Nos.38330/2017 and 38644/2017 and this Court had vide order produced as Annexure 2, directed the revenue authorities to consider the applications filed by the petitioners and dispose of those matters within six months after notice to the petitioners.