JAMUNA KRISHNAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Sec. 438 of Criminal Procedure Code (Cr.P.C.)

(2.) Petitioners are the accused Nos.3 and 4 in Crime No.1234/2021 of Thrissur West Police Station. The above case was registered against the petitioners and others alleging offences punishable under Ss. 120B, 406, 415, 417, 418, 420, 421, 424, 463, 464, 465 and 468 read with Sec. 34 of the Indian Penal Code. The case is registered based on a private complaint filed by M/s.Dhanlaxmi Bank before the Chief Judicial Magistrate Court, Thrissur, which was forwarded under Sec. 156(3) of the Code of Criminal Procedure. Annexure-A1 is the FIR

(3.) The prosecution case is that the petitioners, along with Accused Nos.1 and 2, with a common intention, conspired to cheat the de-facto complainant bank, by standing as guarantors for enabling the 1st accused to avail "Dhanam Business Overdraft Facility" to the tune of Rs.2.00 Crores, from the de-facto complainant bank on 3/12/2012 by executing a guarantee agreement by creating security interest over the property belonging to the 1st petitioner and a property which previously belonged to the mother of the 2nd petitioner.