ABDUL RAHIMAN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioners are the accused in Crime No. 544/2020 of Kalpakanchery Police Station, Malappuram District for having allegedly committed offences punishable under Sections 468, 471 and 420 read with Section 34 of the IPC.

(3.) The prosecution case, in brief, is that, the applicants had borrowed Rs.8,00,000/- from Ponmundam Service Co-operative Bank in the year 2016 after mortgaging 8 cents of property from out of the total extent of 13 cents of property belonging to the 2nd applicant, which she had obtained by way of three different sale deeds. The loan was sanctioned after verifying the documents by the bank as well as legal advisor and after physical inspection of the property. The 2nd petitioner is also paying tax for the property which is in her possession. Subsequently, the loan was renewed by the 2nd petitioner and she created a mortgage of another 5 cents of property and took a further loan of Rs. 12,00,000/-. The loan period is till 2022. The prosecution case is that without actually owning or possessing the property, it was allegedly mortgaged by creating false documents regarding the possession of the property by the applicants and the payment of debt was also defaulted by the applicants and thus the accused had dishonestly induced by the Bank to deliver the loan to the applicants on false and fictitious documents.