State Rep. By v. Shri J.H.Irudhiaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.R.C.Nos.432 to 434 of 2018 State Represented by The Inspector of Police, CBI, ACB, Chennai.

...Petitioner in all

Crl.R.C's Vs J.H.Irudhiaraj ... Respondent in Crl.R.C.No.432/2018 K.V.Suresh Babu ... Respondent in Crl.R.C.No.433/2018 M.Raghavan ... Respondent in Crl.R.C.No.434/2018 Prayer in Crl.R.C.No.432 of 2018:- Criminal Revision case is filed under Section 397 and 401 of Cr.P.C. to set aside the order of the Learned Chief Judicial Magistrate Court, Coimbatore in Crl.M.P.No.1020 of 2017 and allow the accused person Shri J.H.Irudhiaraj (A-6) to be taken as approver in this case.

Prayer in Crl.R.C.No.433 of 2018:- Criminal Revision case is filed under Section 397 and 401 of Cr.P.C. to set aside the order of the Learned Chief Judicial Magistrate Court, Coimbatore on Crl.M.P.No.1021 of 2017 and allow the accused person Shri K.V.Suresh Babu (A-7) to be taken as approver in this case.

Prayer in Crl.R.C.No.434 of 2018:- Criminal Revision case is filed under Section 397 and 401 of Cr.P.C. to set aside the order of the Learned Chief Judicial Magistrate Court, Coimbatore on Crl.M.P.No.1022 of 2017 and allow the accused person Shri M.Raghavan (A-8) to be taken as approver in this case.

For Petitioner : Mr.K.Srinivasan (in all Crl.R.C's) Special Public Prosecutor for CBI cases

C O M M O N O R D E R These three revision petitions were filed by the State, aggrieved by the order of the Learned Chief Judicial Magistrate, Coimbatore, dismissing the application filed by the prosecution to grant pardon for the three accused namely J.H. Irudhiaraj, K.V.Suresh Babu and M.Raghavan who are arrayed as A6, A7 and A8, in the case investigated by the CBI under crime No.RC.MA1/2015 A 0051 of CBI/ACB/Chennai, Based on the complaint given by Mr.A.Dhandapani the Branch Manager, M/s.Vijaya Bank, 335, Mettur Road, Erode who had preferred a written report to the Superintendent of Police, Erode against M/s Thirumagal Poultry Farm (P) Limited alleging creation of forged Title Deeds, Death Certificate and Legal heirs certificate by forging seal and signatures of Saidapet SRO, Chennai Corporation Office, the Directors of M/s.

Thirumagal Poultry Farm (P) Limited namely S.Karthikeyan, R.Sivakumar, S.Uthirasamy, G.Selladurai and Dr.S.Arulmani had obtained loan of Rs.2 crores on 30.08.2008. It is further complaint that the documents given as collateral security showing Selladurai as the owner. In respect of the same property his father Mr.A.Govindaswamy has obtained loan. Later on, it was found that the said property does not belong to Selladurai and all the documents indicating Selladurai as owner of the property was forged and fabricated documents in order to cheat the bank. In the said background while the complaint was pending investigation before the State Police by direction of this Court the investigation has been transferred to CBI.

2. Now in the course of investigation, CBI has found that three accused namely J.H. Irudhiaraj, K.V.Suresh Babu and M.Raghavan have no role in the said conspiracy of cheating the bank and therefore, they may be granted pardon in order to enhance the quality of evidence to be adduced by the investigation agency.

Accordingly, after recording the statements of these three persons under Section 164 of Cr.P.C by the learned Magistrate, application has been filed for granting pardon to the three persons under Section 306 of Cr.P.C before the learned II Additional District and Sessions Court (Sub Court for CBI cases, Coimbatore).

3. The learned Special Judge has forwarded papers to the learned Chief Judicial Magistrate to consider the petition and grant pardon as per Section 307 of Cr.P.C. The learned Chief Judicial Magistrate, Coimbatore has declined to grant pardon for the reason that on a perusal of the documents the Court is not satisfied that it is a fit case to grant pardon to this accused. The said order of dismissal is challenged by CBI, on the ground that except Section 164 of Cr.P.C statements, no other document was forwarded to the learned Chief Judicial Magistrate and without considering the scope and ambit of under Section 306 of

Cr.P.C. and without proper appreciation of the documents placed before him the learned Chief Judicial Magistrate has dismissed the petitions.

4. The learned Special Public Prosecutor submitted that a massive bank fraud has been committed by Selladurai and his associates wherein these three witnesses were used by Selladurai. For the said purpose Rs.500/- were given to them. Now during the course of investigation it is found that fake documents in the name of Selladurai were handled by these people to handover the same to one Karuppaiya and for the said purpose few hundreds were paid to them. Since the investigation reveal a conspiracy, these accused though supposed to have some role in the crime, their role is very minimal and their statements are essential to the investigation. Hence in their wisdom, prosecution has thought it fit that pardon should be granted to these accused so as to enhance the quality of prosecution evidence. While so, the learned chief Judicial Magistrate without proper appreciation of the facts placed before him and the background of the case, had mechanically rejected the plea without any substantial reason for the said dismissal.

5. After perusing the statements and the petitions and the impugned order, this court is of the opinion that on the basis of the confession statement and the nature of the case, the request of the investigation officer deserves to be allowed. It is for the learned Chief Judicial Magistrate who has to consider the material placed before it afresh and arrive at an independent view without being influenced by the observation made by this court and pass appropriate orders.

6. Hence, the order passed by the learned Chief Judicial Magistrate on 12.10.2017 is set aside. The application filed under Section 306 of Cr.P.C is restored on the file of the learned Chief Judicial Magistrate for fresh consideration. The petitioner herein shall be given an opportunity to place materials before the Court for appropriate decision. In any event the learned Chief Judicial Magistrate is directed to dispose of the application on or before 18.04.2018.

7. With these observations, these Criminal Revision Petitions in Crl.R.C.Nos.432 to 434 of 2018 are disposed of accordingly.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sji

To

1. The Chief Judicial Magistrate Court, Coimbatore.

2. The Inspector of Police, CBI, Cases, Chennai.

3. The Public Prosecutor, High Court, Madras.

Crl.R.C.Nos.432 to 434 of 2018 SAI(CO) CS/26/04/18