BABURAJ K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 438 of the Code of Criminal Procedure.

(2.) The petitioner is accused No.6 in Crime No.1/2023 of VACB, Kasargod. He is alleged to have committed offences punishable under Ss. 467, 468, 471, 420 and 409 of the IPC and Sec. 13(1)(a) r/w 13(2) of the PC Act.

(3.) The petitioner was the Branch Manager of the KSFE Kanhangad Branch. Accused Nos.1 to 5 were subscribers to various chitties conducted by the KSFE, Kanhangad Branch. The petitioner conspired with accused Nos. 1 to 5, with intent to make wrongful gain, made alterations in the original title deeds of immovable properties offered as security for releasing the prized amount. Accused No.2 obtained title deed of the immovable property owned by accused No.1 through accused No.5. They entered into a criminal conspiracy with the petitioner and other accused and created a forged title deed bearing No.3234/1996 of Sub Registrar's Office, Hosdurg in respect of 47 cents of land in Re-survey No.12/2 of Periya Village by changing the schedule of property of the original title deed. In the schedule of the deed the land at Ayampara in Periya Village was replaced with another immovable property near Periya Central University. Accused No.2 also produced forged location certificates and location sketch and used them as genuine. The petitioner accepted all these documents without any verification. A valuation team headed by the petitioner inspected the property and assessed the value of the land near the Central University at Rs.1.00 Crore 41 Lakhs instead of the land at Ayampara which has a value of less than Rs.7.00 Lakhs. The landed property comprised in re-survey No.150/4B is situated at Periya Chalinkal Motta in Periya Village. One Balakrishnan Nair and Narayanan Nair were the owners-in-possession of that property. Accused No.1 does not have any land in the location in respect of which valuation was done and report was prepared by the team headed by the petitioner.