R. Subramaniam v. The Senior Inspector Of Police And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1467 OF 2014 R. Subramaniam ...Applicant vs.

The Senior Inspector of Police Unit-I, E.O.W. and Another

...Respondents

Mrs. Anjali Patil, Advocate for the Applicant. Mrs. G.P. Mulekar, APP for the State.

Mr. S.G. Rajput, Advocate for the Complainant. Mr. D.A. Jadhav (PI), EOW. Unit-I, Crime Branch present.

CORAM : P.D. KODE, J.

DATE : JANUARY 29, 2015 P.C.

.

The affidavit tendered by learned APP is taken on record and marked 'X' for identification. 2.

For the detailed reasons recorded in the order dated 21-11-2014 the interim pre arrest bail has been granted to the applicant. The prosecution has filed detailed say. The learned APP has submitted that applicant has misused the position 1/3

as Bank official and the same had resulted in causing wrongful loss to the Bank to the tune of Rs. 3 crores and 48 lacs. The accusation against the applicant is that he had allowed the Cash Credit facility holders to withdraw the amount more than the sanctioned limit without taking any further security.

3.

Upon query the learned APP has submitted that no direct evidence has been collected regarding the applicant having received any amounts from those persons.

4.

Having regard to it and even accepting that the act allegedly committed by the applicant is of serious nature, still considering the nature of transaction, it is difficult to perceive that the Bank is without any remedy regarding loss sustained. Having regard to it and having regard to the fact that the say of the prosecution does not 2/3

reveal any of the aspect of crime which is remained to be investigated for want of custody of the applicant and the applicant having abided all the conditions imposed since month of August by Court of Sessions, the ad-interim order deserves to be and accordingly is hereby confirmed on earlier terms and conditions and additionally the applicant attending the investigating officer as and when summoned by him for the purpose of investigation/ further investigation and shall not changing his address without permission of the trial Court. Application stands disposed of.

(P.D. KODE, J.) 3/3