O R D E R

The petitioners are accused Nos.2 and 3 in C.C.No.357 of 2018 on the file of the Court of the Judicial Magistrate of First Class-II, Kanjirappally, which has arisen from Crime No.362 of 2017 registered by the Ponkunnam Police Station, Kottayam, alleging commission of the offences punishable under Sections 417, 418 and 120B of the Indian Penal Code .

2. The crux of the prosecution case is that, the accused persons had hatched a conspiracy to cheat CW2 and make unlawful gain for themselves. Accordingly, they sold a property having an extent of 17 Ares comprised in Re-survey No.92/1/1 in Kanjirappally Village in Kottayam District with a residential building for Rs.36 lakh, by suppressing the fact that the property was mortgaged to the State Bank of India, Kottayam Branch. After the sale, the Bank initiated recovery proceedings and took possession of the property, causing loss to CW2. Thus, the petitioners have committed the offences.

3. I have heard the learned Counsel for the petitioners and the learned Public Prosecutor.

4. The learned counsel for the petitioners submits that, even if the allegations in Annexure A1 are taken on its face value, the same will not attract the