T.K.Balaji v. The State Of Tamilnadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twelfth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice TV. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21253 of 2021 T.K.BALAJI [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMILNADU REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TEAM XXXI, BANK FRAUD INVESTIGATION WING, CCB-II, VEPERY CHENNAI-600 007.

(CR.NO.54/2021) For Petitioner : M/S.M.VIJAYA KUMAR Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate 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 punishable under Sections 120(B), 420, 465, 468 and 471 in Crime No.54 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that, the petitioner was working as Branch Manager in State Bank of India, Medavakkam Branch, during the year 2018, the petitioner was working as Branch Manager various housing loan were obtained by various borrowers from Medavakkam Branch, SBI. As per regulation, the sanction of housing loan and its documents verification are being carried out by Retail Assert Centralization Processing Centre, Tambaram. The petitioner/Branch Manager has no authority or any power for sanctioning housing loan. Only documents and its verification of documents including filed inspection are being conducted by different Bank Officials of SBI, RACPC, Tambaram.

3.The learned counsel appearing for the petitioner submitted that the petitioner is not a named accused in the FIR. The alleged incident happened in the year 2018. The bank officials allegedly verified the documents which is under the custody of RACPC are not genuine in respect of the documents particularly, Income Tax returns submitted by the borrower. The petitioner has been falsely implicated in Crime No.45 of 2021 and obtained bail. In crime Nos.54 & 56 of 2021, for the very same nature of complaint, the petitioner is apprehending https://hcservices.ecourts.gov.in/hcservices/

arrest by the respondent police. The named accused i.e., borrower, Builder and property owner were granted anticipatory bail in Crl.O.P.No.16549 of 2021 and Crl.O.P.No.12517 of 2021 and Crl.O.P.No.12575 of 2021. The petitioner is innocent and no way connected with the alleged incident. Hence, prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that the petitioner/T.V.Balaji, who is working as Branch Manager, SBI, Medavakkam Branch is not named as accused in Crime No.54 of 2021. The investigation is at pre-mature stage. If the petitioner is named as an accused in future, he can approach before the appropriate forum.

5. Considering the facts and circumstances of the case, as on date, there is no case pending against this petitioner. Since, no case is pending against the petitioner, this Court is inclined to dismiss the petition.

6. In view of the above facts, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed.

-sd/- 12/11/2021 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, TEAM XXXI, BANK FRAUD INVESTIGATION WING, CCB-II, VEPERY CHENNAI-600 007.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.M.VIJAYA KUMAR Advocate on payment of necessary charges SR.NO.12763 CRL OP.21253/2021 Date :12/11/2021 CSK 16/11/2021 https://hcservices.ecourts.gov.in/hcservices/