ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure and the petitioners are accused Nos.1 and 2 in Crime No.274/2015 of Kadakkal Police Station, Kollam, now pending as C.C.No.471/2016 on the files of Judicial First Class Magistrate Court, Kadakkal.

2. The respondents herein are State of Kerala as well as the original complainant.

3. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor, in detail.

4. Perused the relevant documents made available.

5. Background facts:

The original complainant is a widow and the 1st accused is her brother. The 2nd accused is the relative of the 1st accused. The specific allegation is that, accused Nos.1 and 2 availed loan to the tune of Rs.1,50,000/-(Rupees One Lakh Fifty Thousand only) from Kadakkal Service Co-operative Bank No.3456 and offered the property of the complainant towards security of the loan by creating mortgage. The sum and substance of the allegation in the complaint lodged by the complainant is that, the accused herein failed to repay the amount and accordingly, the bank proceeded against the property to recover the debt. It is on this premise, the com