Advocates:
['M/S L MAHENDRAN', '', 'SWAMI SUBRAMANIAN', 'K SRINIVASAN', '', 'SPECIAL PUBLIC PROSECUTOR', 'FOR CBI CASES', 'COUNTER FILED']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 02.02.2022

DELIVERED ON

: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

Crl.O.P.Nos.5091 & 7103 of 2021 and

Crl.M.P.Nos.3239, 3240, 4717 & 4716 of 2021

and Crl.R.C.No.28 of 2022 and M.P.No.196 of 2022

Crl.O.P.No.5091 of 2021

G.Vijayalan

.. Petitioner/A2

Vs.

1. State rep by

The Inspector of Police,

CBI/ACB/Chennai,

RC MA1 2016 A 0018

2. S.Trinath Sridhar,

Zonal Manager,

Andhra Bank,

Zonal Office, Coimbatore.

.. Respondents

Prayer: Criminal Original Petition filed under Section 482

Cr.P.C. seeking to call for the records in C.C.No.2 of 2018 on

the file of the learned II Additional District Judge (CBI

Cases), Coimbatore and quash the proceedings.

For Petitioner

:

Mr.V.Gopinath, Sr.Advocate

for Mr.Swami Subramanian

For Respondent 1

:

Mr.K.Srinivasan,

Spl.P.P.(CBI)

Crl.O.P.No.7103 of 2021

K.Ravi

.. Petitioner/A1

Vs.

1. State rep by

The Inspector of Police,

CBI/ACB/Chennai,

RC MA1 2016 A 0018

2. S.Trinath Sridhar,

Zonal Manager,

Andhra Bank,

Zonal Office, Coimbatore.

.. Respondents

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

Prayer: Criminal Original Petition filed under Section 482

Cr.P.C. seeking to call for the records in C.C.No.2 of 2018 on

the file of the learned II Additional District Judge (CBI

Cases), Coimbatore and quash the proceedings.

For Petitioner

:

Mr.K.V.Sridharan

For Respondent 1

:

Mr.K.Srinivasan,

Spl.P.P.(CBI)

Crl.R.C.No.28 of 2022

K.Ravi

.. Petitioner/A1

Vs.

State rep by

The Inspector of Police,

CBI/ACB/Chennai,

RC MA1 2016 A 0018

.. Respondent

Prayer: Criminal Revision Petition filed under Section 397 and

401 of Cr.P.C. against the order dated 03.02.2021 made in

C.M.P.No.315 of 2019 in C.C.No.2 of 2018 on the file of the

learned II Additional District Judge (CBI Cases), Coimbatore.

For Petitioner

:

Mr.K.V.Sridharan

For Respondent

:

Mr.K.Srinivasan,

Spl.P.P.(CBI)

- - - - -

C O M M O N O R D E R

(The case has been heard through video conference)

The issue involved in both the criminal original

petitions and the criminal revision petition are one and the

same and hence they are heard together and disposed of by

means of this common order.

2. The petitioner in Crl.O.P.No.7103 of 2021 is arrayed

as A1 and the petitioner in Crl.O.P.No.5901 of 2021 is arrayed

as A2. Both these criminal original petitions were filed to

quash the criminal proceedings in C.C.No.2 of 2018 pending on

the file of the learned II Additional District Judge (CBI

Cases), Coimbatore.

3. A1, in this case has earlier approached the trial

Court to discharge him from the charges and that application

came to be dismissed. Now challenging the same the present

criminal revision has been filed.

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

4. The case of the prosecution in brief is as follows:

(i) Totally there are four accused. They stood charged

for offences under Sections 120-B r/w Section 420, 471 of

I.P.C., and Section 13(2) r/w Section 13(1)(d) of the

Prevention of Corruption Act, 1988 (hereinafter referred to as

the 'Act').

(ii) A1, was working as Senior Branch Manager, in Andhra

Bank, SME Branch, Coimbatore. After A1 got transferred, A2

succeeded A1 as the Senior Branch Manager in that branch. A3

is the Proprietor of one M/s.Es R Es Mills, Coimbatore and A4

is the younger brother of A3.

(iii) The allegation is that, A3 engaged in the

manufacture of Gada clothes by using power looms. The firm has

received credit facilities in Union Bank of India,

subsequently, the credit facility was taken over by Andhra

Bank, SME Branch, Coimbatore. At the time of taking over, the

total balance outstanding was Rs.168.70 lakhs.

(iv) A3, entered into a criminal conspiracy with A1, and

in furtherance of the said conspiracy, he submitted a proposal

for taking over of Open Cash Credit (OCC) of Rs.100 lakhs and