ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for regular bail under Section 439 Cr.P.C.

(2.) The prosecution case, in brief, is that the applicants along with the other co-accused had induced farmers and formed a group to cultivate banana and each group had availed of a loan from Canara Bank, Nenmara branch of Rs.4 lakhs and it is stated that the de facto complainants had received Rs.3 lakhs and handed it over to the 3rd accused and the 3rd accused handed over Rs.1 lakh to Murighan and Murughan and dispersed Rs.25,000/- each to the members of the groups. Instead of helping the farmers, the accused persons had intervened to cheat the farmers and misappropriated a major portion of the loan which was obtained from the Canara Bank for the purpose of cultivation. It is also stated that they had forged documents to be produced before the bank to indicate that banana cultivation has been conducted by the farmers. Hence, the crimes were registered. There are 20 cases registered against the applicants. All offences are of similar nature.

(3.) The applicants state that the allegations are not true and that the amounts were paid by the bank directly to the cultivators and that they have not received any share as the money which was received as a loan.