JIMMY ZACHARIA Vs. STATE OF KERALA

JUDGEMENT

(1.) hese applications are filed under Section 438 of the Code of Criminal Procedure.

(2.) The applicants in B.A.No.6700 of 2019 are the accused Nos. 1, 4 and 5, the applicant in B.A.No.6794 of 2019 is the accused No. 3 and the applicant in B.A.No. 6977 of 2019 is the accused No.6 in Crime No.355 of 2019 of the Santhanpara Police Station. The aforesaid Crime has been registered on 02.09.2019 under Sections 7(a) and (b) of the Kerala Land Conservancy Act, 1957 and under Sections 465, 466, 468, 471 and 420 r/w. Section 34 of the IPC on a complaint lodged by the Tahsildar, Udumpanchola.

(3.) The prosecution allegation is that the accused Nos. 1 to 3 forged documents pertaining to land having an extent of 11.50 Acres comprised in Sy.No.20/1 of Chinnakkanal Village with intent to make unlawful gain and consequent loss to the Government. It is further alleged that the accused Nos. 3 to 6 in furtherance of their common intention to defraud the State and to usurp property, executed a Power of Attorney in favour of 1 st accused and authorised him to execute document Nos. 236 of 2009, 237 of 2009 and 238 of 2009 in favour of the 2nd accused, M/s.Apotheosis Infrastructure Pvt. Ltd.