CRL.O.P.No31493 of 2022

CRL.O.P.No31493 of 2022

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody

on 07.03.2022 for the offence punishable under Sections 4 of Prevention of

Money Laundering Act, 2002 in connection with Spl.C.C.No.02 of 2022 on

the file of the learned IX Additional Special Judge for CBI Cases, Chennai

arising out of the registration of Enforcement Case Information Report

(ECIR) No.CEZO-I/40/2020/Chennai-I, seeks bail.

2. The case of the prosecution is that the petitioner along with

other accused had committed the offence of fraud, forgery, impersonation,

fabrication of false documents, using the forged documents as genuine and

opened fixed deposits accounts in the name of Chennai Port Trust and

subsequently, foreclosed the same and misappropriated the term deposits

and thereby, committed the offence of criminal breach of trust to the tune of

Rs.100 Crores deposited by Chennai Port Trust into koyambedu Branch of

India Bank and thereby caused loss to the public money, which resulted in

wrongful gain to them. Hence, the case.

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

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CRL.O.P.No31493 of 2022

is the second petition seeking for bail. He would submit that the petitioner is

arrayed as A22 and he has not committed any offence as alleged by the

prosecution and he has been falsely implicated in this case. He would submit

that the allegations levelled against him is not relevant and substantive to

attract the ingredients of Sec.3 of PMLA Act to make him liable for the penal

provision under Sec.4 of the Act and moreover, it is no way connected to the

proceeds of the crime as contemplated under Sec.3 of PML Act, 2002. He

would submit that the petitioner is in judicial custody for more than a year

and that he was granted conditional bail for the scheduled offence in

C.C.No.16 of 2022 on 27.10.2022 and the entire allegations are borne out

by records, due to which the question of tampering and hampering the

evidence does not arise. Hence, he prays to grant bail to the petitioner.

4.The learned Special public Prosecutor would submit that

during the investigation, it was revealed that the petitioner allegedly helped

one Sudalaimuthu (A1) in creating fake FD receipt based on the original FD

receipt, which was obtained by one S.Gurunathan for opening of a fixed

deposit of Rs.2000/- only from the Indian Bank, Koyambedu Branch. It is

further revealed that A1 had colluded with A22 to prepare forged documents

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CRL.O.P.No31493 of 2022

such as Chennai Port Trust Profile, Board of Resolution, Authorization letter

bearing the specimen signatures and rubber seal of self inking stamp of

Chennai Port Trust Officials, Employee ID Card, forging/copying/scanning

the signature of the Chennai Port Trust Officials in the Board Resolution and

the authorization letter and fabricated official letter formate of Chennai Port

Trust by suing the name of "Port of Chennai" and its logo and thus the

petitioner had directed one Shafiq Ahamed to prepare fake documents in the

aspects of Board Resolution, Authorization letter, Employee ID card, fixed

deposit receipts. These documents were used for purpose of creating fake

account bearing No.6867825525 in the name of Chennai Port Trust, for

impersonation of one Ganesh Natarajan (A4) as official of Chennai Port

Trust and also the fake FDRs were delivered to Chennai Port Trust against

the investment made by them.

5. It is the further submission that the petitioner has claimed

that he has not been taken a goods car by the prison authority and no

medical facility was provided to him. This contention holds no merit as he

has not produced any report/document in support of his claim. The prison

authority has also not provided/submitted any material before the Competent

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CRL.O.P.No31493 of 2022