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Madras High CourtCRL MP/13454/2022dismissed

M/S.Jana Small Finance Bank Ltd v. State Rep By

2022-11-09Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.M.P.No.13454 of 2022 Crl.M.P.No.13454 of 2022 in Crl.OP.No.1081 of 2022 T.V.THAMILSELVI,J The petitioner, being the defacto complainant has filed this petition to enhance the conditional amount imposed by this Court in Crl.O.P.No.1081 of 2022 dated 27.01.2022 in para 6(a)(a) on the accused/2nd respondent herein.

2.The learned counsel for the petitioner/defacto complainant submitted that as per the prosecution, the accused was working as Senior Branch Sales Manager of M/s Jana Small Finance Bank Limited, Salem. Further, the accused persons had closed the various fixed deposits of their customers before the maturity date and converted the amount of Rs.1,82,67,404/- to the personal use of the accused persons. Furthermore, as per the order passed by this Court, he deposited a sum of Rs.30 lakhs. Considering the facts of the case, he prays to enhance the conditional amount. 3.The learned counsel for the accused/2nd respondent submitted that he already deposited Rs.30 lakhs to the account of the defacto complainant as ordered by this Court. Besides, the bank account of the accused is also freezed by the investigating authority and he is unable to mobilize any funds, if any enhancement is ordered.

4.considering the submissions made by the learned counsel and as per the submissions of the prosecution, the investigation is still pending. There are totally three accused in this case and the accused/2nd respondent herein was arrayed as A1 and other accused have already been enlarged on https://www.mhc.tn.gov.in/judis 1/2

Crl.M.P.No.13454 of 2022 T.V.THAMILSELVI,J bail. As per the order of this Court while granting bail, he was deposited a sum of Rs.30 lakhs to the account of the defacto complainant. Now the defacto complainant wants to enhance the conditional amount and as submitted by the 2nd respondent that his account was already freezed and some of the amount was also recovered by the investigating authority. Therefore, this Court does not find any reason to enhance the conditional amount as prayed by the petitioner herein.

5.Accordingly, this Criminal Miscellaneous Petition is dismissed and the Investigating Authority is directed to file a final report as expeditiously as possible.

09.11.2022 vkr Crl.M.P.No.13454 of 2022 in Crl.OP.No.1081 of 2022 https://www.mhc.tn.gov.in/judis 2/2