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Madras High CourtCRL OP(MD)/12549/2016dismissed

Solaisamy v. The Inspector Of Police

2016-08-17Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12549 of 2016 SOLAISAMY ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE DCB, PUDUKOTTAI.

CR NO. 4 OF 2016.

..RESPONDENT/COMPLAINANT For Petitioner : M/S D.R.MURUGESAN Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.1, who was arrested and remanded to judicial custody on 24.06.2016 for the alleged offences punishable under Sections 120(b), 406, 420, 465 and 468 IPC read with Section 66-D of IT Act, 2000, in Crime No.4 of 2016, on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that the petitioner, while he was working as Branch Manager at Indian Bank, Vembangudi, Aranthangai Taluk from 27.07.2012 to 29.09.2015, granted loan to fictitious persons for a sum of Rs.109.69 lakhs and subsequently he was transferred to Manamelgudi Branch, Pudukkottai District and during his tenure of office, he granted loan to fictitious persons for a sum of Rs.43.

05 lakhs and the persons, who have been granted loan, are not available in the addresses mentioned in the bank records and therefore he and other accused misappropriated a total sum of 152.74 lakhs and caused loss to the bank. On complaint, a case has been registered for the above said offences. 3.The case of the petitioner is that he is an innocent and he has not committed any offence as alleged by the prosecution. He has nothing to do with the alleged offences and he has been falsely implicated in this case. The petitioner is in judicial custody from 24.06.2016.

4.The learned Government Advocate (Crl. side) submitted that the occurrence took place only in between 27.07.2012 and 29.09.2015, when the petitioner was working as Branch Manager in Vembangudi Branch and Manamelgudi Branch and caused loss to the bank to the https://hcservices.ecourts.gov.in/hcservices/

tune of Rs.152.74 lakhs, by way of granting loan to fictitious persons. Investigation is pending. If the petitioner is released on bail, he will tamper the evidence and hamper the investigation. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner, when he was working as Branch Manager in Indian Bank, Vembangudi and Manamelgudi Branchs, caused loss to the tune of Rs.152.74 lakhs to the bank, by way of granting loan to fictitious persons, this Court is not inclined to enlarge the petitioner on bail and accordingly this petition is dismissed.

sd/- 17/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, DCB, PUDUKOTTAI. 2 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER-IN-CHARGE, DISTRICT PRISON, PUDUKOTTAI. +1. CC to M/S D.R.MURUGESAN Advocate SR.No.44853 ORDER IN CRL OP(MD) No.12549 of 2016 Date :17/08/2016 PBK/AAL-MPA/SAR-III 22/08/2016 ::2P-5C::

https://hcservices.ecourts.gov.in/hcservices/