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2021 Supreme(Online)(KER) 24799

HIGH COURT OF KERALA
ASHOK MENON, J
ABDUL AZEEZ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.RILGIN V.GEORGE, SRI.R.PARTHASARATHY

O R D E R

Dated this the 18th day of January 2021 Application for anticipatory bail under Section 438 of Cr.P.C.

The applicant is the sole accused in Crime No.919/2020 of Vadakara Police Station for having allegedly committed offences punishable under Sections 420 and 506 of IPC .

2. The prosecution case, in brief, is that the applicant who was the owner of 8.1 cents of land allegedly mortgaged it with Thiruvalloor Corporation Bank and obtained a loan. The applicant, de facto complainant and his wife were directors of a company named Puzhayoram Auditorium Pvt. Ltd. On 13.02.2019, the applicant allegedly sold the property to the company with the de facto complainant and his wife and money was received. Subsequently, the applicant resigned from the company and left the entire property and its liability to the de facto complainant and his wife, who continued as directors. The company received a notice from the bank regarding the mortgage and the bank demanded a sum of Rs.24 lakhs as the balance of the loan amount. It is submitted that the applicant had deliberately not disclosed the mortgage of his property to the bank and sold the property to the company together with liability and

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