K.Balaji v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24899 of 2021 K.BALAJI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, BANK FRAUD PREVENTION WING, TEAM-31, VEPPERY, CHENNAI CRIME NO.179/2021 For Petitioner : M/S.A.P.SATHYAMURTHY 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 22.11.2021 for the offences under Sections 120(b), 420, 465, 467, 468 & 471 of I.P.C, in Crime No.179 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is working as a Branch Manager in the State Bank of India, Tambaram Branch and that the petitioner had helped the other accused persons to get loan to the tune of Rs.2,20,00,000/- from the Punjab National Bank by impersonating forged documents. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would submit that the

petitioner had only guided the accused persons to get loan. Other than that he has not committed any offence as alleged by the prosecution. He would submit that the petitioner has been suffering incarceration for more than 25 days from 22.11.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner is arrayed as A6 and he along with other accused by giving forged documents have obtained loan to the tune of Rs.2,20,00,000/- from the Punjab National Bank. Insofar as the petitioner is concerned, he acted as a commission agent and received more than Rs.13 lakhs as commission from the other accused through his friend's account and that there are 3 previous cases against the petitioner and the investigation has not been completed.

5. On seeing the nature of allegation levelled against the petitioner and there are 3 previous case against the petitioner and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 20/12/2021 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, CHENNAI.

2 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, BANK FRAUD PREVENTION WING, TEAM-31, VEPPERY, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.P.SATHYAMURTHY Advocate on payment of necessary charges CRL OP.24899/2021 Date :20/12/2021 RW 29/12/2021