Selvi v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14541 of 2020 1.Selvi 2.Kailasanathan ... Petitioners Vs.

The State represented by Inspector of Police City Crime Branch, Coimbatore City Crime No.20 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest by the respondent police concerned in Crime No.20 of 2020 on the file of the respondent police.

For Petitioners : Mr.C.Ramkumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 465, 468, 471, 406 & 420 in Crime No.20 of 2020, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant viz., The Manager of the South Indian Bank, Coimbatore, is that the petitioners had availed loan of Rs.6.70 Crores by furnishing fabricated and forged documents. Hence, the complaint.

3. The learned Counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that first petitioner is the partner of M/s.Cristal Icon Marketing and the second petitioner is husband of the first petitioner and the case has been registered on 25.08.2020 on the direction issued by the learned Judicial Magistrate-VII, Coimbatore. Hence, he seeks for grant of anticipatory bail to the petitioners.

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4. The learned Additional Public Prosecutor would vehemently opposed stating that the first petitioner is partner of M/s.Cristal Icon Marketing and the second petitioner is husband of the first petitioner. The Petitioners along with other accused have entered into conspiracy and by furnishing forged and fabricated documents and they have cheated the bank and borrowed an amount of Rs.6.70 Crores. Thereafter, they have not paid the amount and they cheated the bank. He would further submit that all the accused are absconding and the investigation is in the initial stage.

5. Taking into consideration the facts and submissions made by the learned counsels and that the amount involved is 6.70 Crores and the petitioners have cheated the bank, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 28/09/2020 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 JUDICIAL MAGISTRATE, NO.VII, COIMBATORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, CITY CRIME BRANCH, COIMBATORE CITY.

CC to M/S.C.RAMKUMAR Advocate on payment of necessary charges CRL OP.14541/2020 Date :28/09/2020 RVR 09/10/2020 https://hcservices.ecourts.gov.in/hcservices/