GAMATHY SATHISH Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 23/11/2022 for the alleged offences punishable under Ss. 120B, 420, 465, 467, 468 and 471 I.P.C., in Crime No.227 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of prosecution is that A1 had approached the defacto complainant bank and introduced himself as Proprietor of M/s.Sri Sai Pressing, situated at Ambattur Industrial Estate, Chennai, for which he submitted to applications for availing housing loan on 29/3/2018 for the Duplex Villas situated at Plot No.12, and 33, Park City, Phase-II, Padappai, by submitting fabricated audited balance sheet for the assessment year 2015-2016, 2016-2017 and 2017-2018. Accordingly, A1 colluding with other accused availed two housing term loans to the tune of Rs.99,38,000.00and the borrower had not even paid single EMI from the date of obtaining loan and cheated the complainant bank. Hence, the complaint.

(3.) The learned counsel for the petitioner submitted that he is a staff of A1 company and he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would submit that after verification of documents by the then manager, the loan was sanctioned, but he was not arrayed as accused. He would also submit that the name of petitioner was not found in the F.I.R. nor any allegation reveals against him, but the prosecution reveals that from the borrowal loan amount, a sum of Rs.25.00 lakhs was transferred to the account of this petitioner. He would submit that only a sum of Rs.3,50,000.00 was paid, which is the salary amount to be paid during Covid period. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 21 days from 23/11/2022. On instruction, he would further submit that without prejudice to his right and contentions, he is prepared to deposit/pay some considerable amount. Accordingly, he prayed to grant bail to the petitioner.