Bail Appl./9291/2019 of ASGAR SALIM, Vs KERALA STATE on 31 December 2019

ORDER

Dated this the 31st day of December 2019

The petitioners are the accused 1 to 3 inCrime No.4282/17 of Karunagappally Police Station,Kollam District, for having allegedly committed theoffences punishable under Sections 120B, 420, 466and 471 r/w 34 IPC. The 2[nd] petitioner is themother of the 1[st] petitioner and a loan wasallegedly availed by the 1[st] petitioner with 2[nd] and 3[rd]petitioners are the guarantor from theCorporation Bank, Cheriazhikal Branch aftermortgaging certain properties. It is seen that allthe relevant documents and the previous title deedsare produced in the Bank as per Annexure-A2. Therewas verification made by the Bank Officers,possession certificates were produced and onlyafter verification the loan was allegedlysanctioned. It is now alleged that there is somediscrepancy in the extent of the propertiesmortgage. It is also alleged that a portion of theproperty has been sold by the 1[st] petitioner to deceive the Bank.

2. The learned counsel appearing for thepetitioners would contend that being a mortgage,even if, there is subsequent sale of any portionthe charge as per the mortgage available to theBank cannot be obliterated, and that is carriedwith the property. Therefore, the sale of anyportion of the property is inconsequential. Thatapart, it is further stated that, it is afterverification of all the deeds and documents andalso on personal inspection by the Bank, the loanwas sanctioned. Therefore, the allegations ofdiscrepancy will not stand against thepetitioners. The crime was registered in 2017 andthe petitioners have not been so far arrested.Indicating that the prosecution does not have anurgent and emergent need for interrogation of thepetitioners. They are willing to cooperate withthe investigation. The accused do not have anyothercriminalantecedents.Custodialinterrogation of the petitioners are not found tobe essential. There is nothing to be recovered and all the documents are with the Bank. In thiscircumstances, I find this petition is to beallowed.

3. In the event of the petitioners being

arrested, they shall be released on bail on execution of bond for Rs.50,000/- with two solvent sureties each for the like sum to thesatisfaction of the investigating officer andalso on condition that they shall co-operate withthe investigation and appear before theinvestigating officer as and when call for on receipt of a notice send by the investigatingofficer in accordance with law. They shall nottampered with any evidence, influence orintimidate the witnesses. In case of any breach,the above conditions, the prosecution is at liberty to apply for cancellation of bail beforethe jurisdictional Magistrate.

SMA

Sd/-

ASHOK MENONJUDGE