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Madras High CourtCRL OP/23691/2024dismissed

1 Mr Vijaya Ramaraju U And 3 Others v. State Rep By Its

2024-10-04Honourable Mr.Justice P. Dhanabal4 pages

Crl. O.P. No.23691 / of 2024 P. DHANABAL.J., The petitioners / Accused 1 to 4, who apprehend arrest in the hands of the respondent police for the offences punishable under Section 420 of IPC in connection with the Cr. No.161 of 2024, seek anticipatory bail.

2. The case of the prosecution is that A1, an ex-Manager, Anchetty Branch, State Bank of India had misappropriated the amount of TAHDCO schemes on 17 times during 15.11.2017 to 09.06.2020 and subsequently he closed the entire loan amount and transferred the subsidy amount to third party account i.e, to the account of A2 to A4 and hence SBI, Anchetty Branch has sustained loss to the tune of Rs.1,38,00,000/- and the accused swindled the subsidy amount of Rs.8,38,000/-. During the auditing, the misappropriation committed by the accused came to light and the Anchetty Branch Manager, SBI lodged a complaint against the ex-branch manager, the petitioner herein and other accused. Hence the case.

3. The learned counsel for the petitioner / 3rd Accused would contend that the respondent police have registered a false case against the petitioner based on a false complaint lodged by the defacto complainant for

the alleged offences under Section 420 of IPC, that due to previous enmity between this petitioner and the defacto complainant, he has given a false complaint against the petitioner, that the petitioner is an innocent and he is ready and willing to abide by any condition imposed by this Court in the event of his release on anticipatory bail, that he has already appeared before the respondent police on notice and co-operated for enquiry and hence he prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner, in his capacity as Branch Manager of SBI Bank, Anchetty Branch, has collected subsidy amount for TAHDCO schemes from 82 members and he has misappropriated the amount of TAHDCO schemes on 17 times during 15.11.2017 to 09.06.2020 and transferred the subsidy amount to third party account i.e, to the account of A2 to A4 and hence SBI, Anchetty Branch has sustained loss to the tune of Rs.1,38,00,000/- and the accused swindled the subsidy amount of Rs.8,38,000/- and hence complaint lodged by the Anchetty Branch Manager of SBI Bank against this petitioner, the Ex-Branch Manager and other accused and based on the said complaint, FIR has been registered in this case on 26.08.2024 for the offence under Section 420 of IPC, that

huge amount is involved in this case and investigation is not yet completed, which is at initial stage. Hence he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, considering the gravity of offences involved in this case, considering the fact that huge money is involved in this case and investigation is at initial stage, I am declined to grant anticipatory bail to the petitioner at this stage.

7. Accordingly, the Criminal Original Petition is dismissed. 04.10.2024 mjs P.DHANABAL,J mjs To 1.The District Munsif-cum-Judicial Magistrate, Denkanikottai, Krishnagiri.

2. The Public Prosecutor, High Court, Madras.

3.The Inspector of Police, Anchetty Police Station, Krishnagiri District. CRL O.P. No.23691 of 2024 04.10.2024