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Madras High CourtCRL MP/902/2022ordered

Vanjinathan v. The State By

2022-02-02Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Second day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.902 of 2022 IN CRL OP.693/2022 VANJINATHAN [ PETITIONER / ACCUSED ] Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CCB-I, TEAM-XII, BANK FRAUD INVESTIGATION, CHENNAI.

(CR.NO.179/2021) Petition praying that in the circumstances stated therein the High Court will be pleased to modify the condition imposed in Crl.O.P.No.693/2021 on 12/01/2022 from depositing a sum of Rs.1,00,00,000/- (Rupees one crore only) within two weeks, to the credit of Cr.No.179/2021, on the file of the CCB-I, Chennai and thus render justice.

Order: This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.ASHOKKUMAR, Advocate for the Petitioner and of MR.A.GOKULAKRISHNAN Additional Public Prosecutor on behalf of the Respondent the court made the following order:- This Crl.M.P.No.431 of 2022 has been filed to modify the condition imposed in Crl.O.P.No.693 of 2022 dated 12.01.2022 from depositing a sum of Rs.1,00,00,000/- (Rupees one crore only) within two weeks, to the credit of Crime No.179 of 2021, on the file of the CCB-I, Chennai.

2. The case of the prosecution is that the petitioner is the husband of A1 and alleged to have fabricated the documents and impersonated the government identification proofs and misrepresented the bank and obtained loan for an amount of Rs.2,20,00,000/-. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submits that he is unable to mobilise fund and he is taking all effective steps to settle the issue, that without prejudice to his rights, on his own volition is ready to deposit an amount of Rs.50,00,000/- to the credit of Crime Number as imposed by this Court and prayed to modify the order. 4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner along with other accused by giving forged documents have obtained loan to the tune of Rs.2,20,00,000/- from the Punjab National Bank. Insofar as the petitioner is concerned, he is the husband of accused/A1. He further submits that till date, no amount has been recovered from the petitioner.

5. This Court modifies the condition as follows: the petitioner shall deposit a sum of Rs.50,00,000/ instead of Rs.1,00,00,000/- to the credit of Crime No.179 of 2021 within a period of three weeks from the date of receipt of a copy of this order. Three weeks time is granted to comply with the aforesaid condition. The other conditions shall remain unaltered. -sd/- 02/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE CHIEF METROPOLITAN MAGISTRATE, SPECIAL COURT FOR CCB & CBCID COURT, EGMORE.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, CCB-I, TEAM-XII, BANK FRAUD INVESTIGATION, CHENNAI.

+1 C.C. to M/S.ASHOKKUMAR Advocate on payment of necessary charges SR.NO.1726 Order in CRL MP.902/2022 in CRL OP.693/2022 Date :02/02/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format INBA~16/02/2022