Mrs.Prem Kumar v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13139 of 2022 PREM KUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CITY CRIME BRANCH, COIMBATORE.
CRIME NO.01 OF 2022 For Petitioner : M/S.P.S.CHANDRA GUPTHAN Advocate For Respondent : MR.S.UDAYA KUMAR, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 120B, 409, 420 IPC @ 467, 468 and 471 r/w 109 IPC in Crime No.01 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The petitioner herein, while serving as Branch Manager of Indian Bank, Coimbatore, alleged to have advanced agricultural loan receiving spurious jewels as security to the persons who are not agriculturist. When this fact came to notice, the petitioner was placed under suspension on 29.10.2021. A complaint was lodged before the respondent police for the alleged offences against the petitioner and others. The said complaint was taken for investigation in F.I.R.No.1/2022 by CCB, Coimbatore on 12.01.2022. Apprehending arrest in the said case, the petitioner moved this Court for anticipatory bail and this Court passed a detailed order dismissing the petition as devoid of merit. The reason stated in the said order dated 11.03.2022 still holds good and though the petitioner counsel states that the petitioner has now been reinstated after revocation of the suspension https://hcservices.ecourts.gov.in/hcservices/
order, states that when the defacto complainant himself has found that there is no prima facie material against the petitioner to place him under suspension, he need not be taken into custody. The order of revoking the suspension of the petitioner is placed before this court for perusal.
3. This Court on perusal of the revocation of the suspension order finds that the suspension order dated 29.10.2021 has been revoked subject to initiating departmental proceedings and his period of suspension will be decided on the outcome of the disciplinary proceedings.
4. In view of the above fact, this Court finds that the petitioner herein who is suspected for involvement of defrauding the bank has to be taken into custody for proper investigation and the grant of anticipatory bail to the petitioner will lead to possibility of tampering evidence. Hence, the petition for anticipatory bail is dismissed.
-sd/- 14/06/2022 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 INSPECTOR OF POLICE, CITY CRIME BRANCH, COIMBATORE.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to P.S.CHANDRA GUPTHAN Advocate on payment of necessary charges CRL OP.13139/2022 Date :14/06/2022 JPA 21/06/2022 https://hcservices.ecourts.gov.in/hcservices/