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2024 Supreme(Online)(KER) 33923

HIGH COURT OF KERALA
C.S. DIAS, J
K.P.BEENA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
M.SASINDRAN SATHEESHAN ALAKKADAN

ORDER

This is the second application filed under Section 482 of the Bharathiya Nagarik Suraksha Samhita, for an order of pre-arrest bail.

2. The petitioner is the fourth accused in Crime No.1105 of 2022 of the Adoor Police Station, Pathanamthitta District, which is registered against five accused persons, for allegedly committing the offences punishable under Sections 420 , 465, 468 and 471 read with Section 34 of the Indian Penal Code, 1860 .

3.The gravamen of the prosecution case is that: in April 2018, the accused Nos. 1 to 3 had approached the de-facto complainant and fraudulently promised that they would secure him a loan to purchase an Aluminium Fabrication Company abroad. Accordingly, the accused 1 to 3 took the title deeds of his property having an extent of 1 Acre and 28 Cents, and in furtherance of their common intention with the other accused, created an equitable mortgage with the South Indian Bank, where the fifth accused was the Branch Manager. They took the loan in the name of the fourth accused/petitioner, by making her the main applicant and the defacto complainant as the guarantor, that too by fabricating and concocting the documents of the defacto complainant wit

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