BABU 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 1st accused in Crime No. 1251 of 2017 of Kodakkara Police Station, Thrissur District. The above case is registered against the petitioner alleging offences punishable under Sections 420 , 406 and 120(B) of the Indian Penal Code (IPC).

(3.) The aforesaid crime was registered on a complaint filed by one Rajesh B.Menon. In the said complaint filed in the year 2017, it is alleged that while the de facto complainant was abroad, the petitioner herein and another forged a document purporting as a power of attorney and got it registered as Document No. 88 of 2004 on the files of the Sub Registrar's Office, Nellay. On the strength of the said power of attorney, a compromise was entered in a Suit which was pending as O.S. No. 173 of 2003 on the file of the Sub Court, Ernakulam. On its basis, the plaintiff and the aforesaid Babu managed to get registered a Sale Deed as Document No.31/06 in respect of an item of property which was owned by the de facto complainant at the office of the Sub Registrar Office, Angamaly, on 20.1.2006. On getting information of fraud played on the de facto complainant by the applicant and others, a suit was instituted as O.S. No.221 of 2010 by the aforesaid Rajesh before the Munsiff's Court, Aluva, seeking various reliefs, including a prayer to declare the Document No.88/2004 as null and void. After about seven years of the institution of the Suit, a complaint was filed leading to the registration of the Crime.