KUNHIMUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for bail under Section 438 of the Code of Criminal Procedure.

(2.) The petitioner is the accused in Crime No.439/06 of Kalpakancherry Police Station. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. The case against the petitioner is that he mortgaged immovable property in favour of the defacto complainant/Co-operative Bank. He committed default in payment of the amount. On enquiry, the Bank found that the petitioner had already sold certain portion of the mortgaged property to different persons before mortgaging the property to the Bank.

(3.) Heard learned counsel for the petitioner and the Public Prosecutor.