O R D E R

Dated this the 7th day of January, 2021 This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

2. The petitioners are the accused in Crime No. 544/2020 of Kalpakanchery Police Station, Malappuram District for having allegedly committed offences punishable under Sections 468, 471 and 420 read with Section 34 of the IPC.

3. The prosecution case, in brief, is that, the applicants had borrowed Rs.8,00,000/- from Ponmundam Service Co-operative Bank in the year 2016 after mortgaging 8 cents of property from out of the total extent of 13 cents of property belonging to the 2nd applicant, which she had obtained by way of three different sale deeds. The loan was sanctioned after verifying the documents by the bank as well as legal advisor and after physical inspection of the property. The 2nd petitioner is also paying tax for the property which is in her possession. Subsequently, the loan was renewed by the 2nd petitioner and she created a mortgage of another 5 cents of property and took a further loan of Rs. 12,00,000/-. The loan period is till 2022. The prosecution case is that without actually owning or possessing the property, it was allegedly mortgaged by creating false documents regarding the possession of the property by the applicants and the payment of debt was also defaulted by the applicants and thus the accused had dishonestly induced by the Bank to deliver the loan to the applicants on false and fictitious documents.

4. The applicants states that, the allegations are not true and that they are willing to co-operate with the investigation and they are not involved in any other crime and it is also stated that, the documents are not forged or concocted as alleged by the de facto complainant. The applicants are made as scapegoat for not paying the amount on time. The custodial interrogation of the applicants are not necessary, since the allegedly forged documents are all with the bank and it is only to be subjected for scientific examination.

5. Heard the learned Counsel appearing for the applicants and the learned Public Prosecutor.

6. Admittedly, the applicants have no criminal antecedents and they have mortgaged their property. It is stated that the documents relied upon by them were forged and they have also defaulted payment of the loan amount, and therefore, it was presumed that the intention of the mortgaged property by pledging together with the forged document was intended, for the purpose of cheating the bank and misappropriating the amount. The applicants are willing to co-operate with the investigation and there is no possibility that they may flee from justice and the documents, which are allegedly forged is already in the possession of the bank.

7. Therefore, I find no reason for custodial interrogation of the applicants. The applicants are therefore directed to surrender before the Investigating Officer within two weeks. After interrogation and recovery, in the event of their being arrested, they shall be released on bail on execution of a bond for Rs. 1,00,000/-(Rupees One lakh only) each, with two solvent sureties for the like amount each to the satisfaction of the Investigating Officer and on following conditions:

(i) They shall appear before the Investigating Officer on all Mondays between 9 a.m. and 12 noon for a period of two months or till the filing of Final Report which ever is earlier.

(ii) They shall surrender their passport before the Investigating Officer which shall be produced before the Jurisdictional court and they shall not go abroad without seeking the permission of the Jurisdictional court.

(iii) They shall not tamper with evidence, intimidate or influence witnesses.

(iv) They shall not get involved in similar offences during the bail period.

In case of the breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.

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