IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Monday, the Thirty First day of January Two Thousand Twenty Two

PRESENT

The Hon`ble Mrs Justice T.V.THAMILSELVI

CRIMINAL ORIGINAL PETITION No.702 of 2022

K.ZAKIR HUSSAIN

[ PETITIONER / ACCUSED ]

Vs

STATE REP BY

[ RESPONDENT ]

THE INSPECTOR OF POLICE,

SPE, CENTRAL BUREAU OF INVESTIGATION,

ACB, CHENNAI.

For Petitioner : M/S.S.KAMALAKANNAN, Advocate for

M/S JAYASUDHA Advocate

For Respondent : MR.K.SRINIVASAN, Special Public Prosecutor

for CBI-cases

PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :-

(The case has been heard through video conference)

The petitioner who was arrested and remanded to judicial custody

on 20.09.2021 for the offences under Sections 120(B), 419, 420, 409,

467, 468, 471 of IPC and under Sections 3(1)(a) read with 13(2) of

Prevention of Corruption Act, 1988 (as amended in 2018) in Crime

No.RC0322020A0006/CBI/ACB, on the file of the respondent police, seeks

bail.

2. The case of the prosecution is that the petitioner/A11 along

with other accused committed impersonation, fraud, forgery and

cheating in Term deposits and Current Account standing in the name of

M/s. Chennai Port Trust in the Koyambedu Branch of Indian Bank,

Chennai, and thereby, caused wrongful loss to public money to the

extent of Rs.45 Crores approximately and corresponding wrongful gain

to the perpetrators themselves. Hence the complaint.

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

3.The learned counsel for the petitioner would submit that the

petitioner is an innocent person and he has been falsely implicated in

this case. He would further submit that the petitioner was made to

believe that the transaction was that of trading and may be paid back

over a period of time and that he was not aware of the fact that the

current account No.6867825525 in the name of the Chennai Port Trust-

General Insurance Fund itself was a forged account, created with

fabricated documents through impersonation as alleged and without

knowing the fact, the petitioner shared account details of 7

individual persons. He would further submit that a sum of Rs.5 Crores

and 11 lakhs in aggregate was credited to 7 different accounts

referred by the petitioner and the money was withdrawn and paid in

cash to one Sudalaimuthu after deducting the aggregate commission

amount of 7% which includes 2% that of petitioner's commission and

that the petitioner received a sum of Rs.11 lakhs approximately in the

entire transaction as commission. He would further submit that the

petitioner has been falsely implicated in this case on wrong surmises

and he has been suffering incarceration for more than 4 months from

20.09.2021 with severe diabetic ailments and that he is ready to abide

by any conditions imposed by this court. Hence, he would pray for

grant of bail to the petitioner.

4. The learned Special Public Prosecutor for CBI filed counter

and submitted that during the course of investigation, it has been

revealed from the statements of the first link beneficiaries namely

1.Shri Mohammed Shaik, 2.Shri Sappanimuthu 3.Shri Selvam and

4.Shri.Praveen 5.Shri.S.H.Noor Mohamed and the mediators namely

1.Shri.Guru Jessy 2.Shri. Aravind Raj Taiak 3.Shri Seenikutty and

Smt.Rani who collected the details of Bank accounts of the first link

beneficiaries and given to the petitioner/accused Zakir Hussain (A-11)

and his son Halid Batch. It is further submitted that the fund of

Chennai Port Trust was credited from the purported current account in

the name of Chennai Port Trust General Insurance Fund and the same was

credited into the account of aforesaid first link beneficiaries and

after the same were withdrawn/transfered by the first link

beneficiaries and handed over the withdrawal amount to the

petitioner/accused na