LAWS(KER)-2024-5-97

ABDUL MUNEER Vs. STATE OF KERALA

Decided On May 21, 2024
Abdul Muneer Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is the second application filed under Sec. 438 of the Code of Criminal Procedure, 1973 (in short, 'Code'), for an order of pre-arrest bail.

(2.) The petitioner is the first accused in Crime No.146/2024 of the Feroke Police Station, Kozhikode, registered against the accused (two in number) for allegedly committing the offences punishable under Ss. 420, 463, 464, 468 and 471 read with Sec. 34 of the Indian Penal Code.

(3.) The essence of the prosecution case is that: the second accused had availed a loan from the Indian Bank, Ramanattukara Branch, Kozhikode for Rs.1,04,31,000.00 by producing the forged title deeds of the property belonging to the first accused as a collateral security. It is only when the accused failed to repay the installments, the bank realised that the title deeds of the property created as equitable mortgage is forged. Thus, the accused have committed the above offences.