Nazar Kani v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22669 of 2021 NAZAR KANI [ PETITIONER / ACCUSED ] Vs STATE [ RESPONDENT ] THE INSPECTOR OF POLICE, TEAM-XII, BANK FRAUD TEAM, CCB POLICE, CHENNAI.

CRIME NO.140/2021 For Petitioner : G.MOHANA KRISHNAN Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 09.10.2021 for the offence under Sections 120(B), 409, 420, 465, 467, 468 and 471 of IPC, in Crime No.140 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons fabricated and produced forged KYC documents to HSBC Bank and obtained credit cards and personal loan. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is only an Auto driver and he obtained loan of Rs.2,50,000/- for purchasing an Auto and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for 50 days from 09.10.2021. Hence, he would pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner and other accused created fake company and borrowed loans in the name of 43 persons by using forged KYC documents to the tune of Rs.1.5 Crores and that the investigation has not been completed. He would further submit that the petitioner is one of the Directors of the company and if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and thereby, the investigation would be stalled. 5.On seeing the nature of allegation and the amount involved is very huge which requires a detailed investigation. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 01/12/2021 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

2 THE INSPECTOR OF POLICE, TEAM-XII, BANK FRAUD TEAM, CCB POLICE, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to G.MOHANA KRISHNAN Advocate on payment of necessary charges CRL OP.22669/2021 Date :01/12/2021 RW 15/12/2021 https://hcservices.ecourts.gov.in/hcservices/