DECARDIN MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed by accused Nos.1 and 2 in Crime No.208/2018 of the Muttom Police Station, Idukki District. The offences allegedly involved in the aforesaid crime are those punishable under Sections 468, 471 and 420 r/w Section 34 IPC.

(2.) The allegation of the prosecution was that on 27.4.2011, the petitioners deposited forged tax receipt and possession certificates for the purpose of availing loan from Federal Bank, Karimkunnam Branch. The petitioners are husband and wife. The offence alleged was detected, when they defaulted repayment of the amount to the bank and Bank resorted to attach the properties mortgaged with the bank. The documents allegedly forged, were sent to the Village Officer, Muttam and therefrom to the Tahsildar, Thodupuzha. They conducted a joint enquiry in the matter and found that the documents were forged ones. Accordingly they informed the matter to the Manager of Federal Bank, Karimkunnam Branch. He lodged the FIS before the Muttam Police Station and accordingly the crime in question was registered. The enquiry was conducted by the Village Officer and the Tahsildar and on finding that the documents were forged, a complaint was lodged by the Village Officer before the Muttom Police Station and the crime in question was registered for the offences.

(3.) It is contended by Sri.Rakesh K., the learned counsel that the petitioners have cleared the entire loan arrears on 21.7.2018. According to him at the time of availing the loan the petitioners had entrusted an agent to prepare the documents and they are totally unaware, how the forged documents have come into picture. It is also contended by the counsel that the petitioners are age old people and their custody is not required for the investigation yet to be held. Accordingly, the learned counsel pleaded for enlarging both petitioners on pre arrest bail.