III, Chennai against v. Jayaprakash

Crl.R.C.No.1215 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.03.2025CORAMTHE HONOURABLE MR.JUSTICE M.NIRMAL KUMARCrl. R . C .No. 1215 of 202 4 T.Kumarasamy… Petitioner /3rd partyVs.1.State Rep. by Inspector of Police, CBI/ACB/Chennai, Shahstri Bhavan, No.26, Haddows Road, Chennai – 600 006.2.D.C.Aswath Durai Selvam, Regional Manager, State Bank of India, Having his office at Regional 111, Chennai Zone 11, No.27/8, Kaushikan Complex, Kamarajar Street, West Tambaram, Chennai – 600 045.… RespondentsPRAYER: Criminal Revision Petition has been filed under Sections 397 r/w 401 of Cr.P.C., praying to set aside the order passed in Crl.M.P.No.1653 of 2022 on the file of the learned XI Additional Special Judge for CBI Cases, 1/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1215 of 2024Chennai dated 13.05.2024 and also to pass orders to return the Bank Locker keys (1.Locker Key No.149 of SBI, Main Branch Madurai, 2.Locker Key No.A69835 of SBI, Bye Pass Road, Madurai and 3.Locker Key No.5069 of SBI, Bye Pass Road, Madurai) to the petitioner forthwith.For Petitioner : Mr.K.Madhan for Mr.C.MohanrajFor Respondent-1 : Mr.K.Srinivasan Special Public ProsecutorFor Respondent-2 : Mr.L.PoomparaiO R D E RThe petitioner/3rd party had filed a petition before the trial Court in Crl.M.P.No.1653 of 2022 seeking interim custody of the jewels kept in the Bank Lockers, which were seized by the respondent on 08.01.2021. The trial Court dismissed the petition on 13.05.2024, against which, the present revision is filed.2.The respondent police registered a case in RC 032 2020 (A)/0025 dated 29.12.2020 under Section 120-B r/w 420, 409, 468 & 471 of I.P.C. and 2/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1215 of 20247(c) of PC Act, 1988 (as amended in 2018) on the basis of written complaint dated 15.10.2020 from the second respondent/D.C.Aswath Durai Selvam, Regional Manager, SBI, Regional Business Office, Region-III, Chennai against V. Jayaprakash (A1), Proprietor, M/s Bailey and Love, V. Balaji (A2), N. Manikandan (A3), Maheshwaranath (A4), then accounts Officer, AIIMS, New Delhi, Vinothini (A5), then Branch Manager, State Bank of India, Somangalam Branch, T.K. Balaji (A6), then Branch Manager, State Bank of India, Somangalam Branch and unknown public servants alleging that, on 11.11.2019, V. Jayaprakash (A1) approached State Bank of India, Somangalam Branch along with V.Balaji (A2) and Manikandan (A3) and presented a cheque bearing No.889351 dated 11.11.2019 for an amount of Rs.4.95 crores purported to have been issued by M/s. AIIMS, New Delhi and credited the amount in his CC account. The amount was further transferred to various accounts and swindled in collusion with the bank officials. It was further alleged that the cheque submitted for withdrawal was a forged one.3/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1215 of 20243. It is submitted that during investigation it was found that the said offence of forgery and cheating is also the subject matter of investigation of F.I.R. No.274 of 2019 dated 04.12.2019 of EOW P.S., New Delhi. Since, Delhi Police had registered the case prior to the registration of case by CBI, Chennai, the competent authority in CBI decided to file closure report in the Court to avoid double jeopardy in the matter.4. It is further submitted that the Trial Court vide order dated 13.05.2024 rejected the closure report filed by CBI and ordered to conduct further investigation in the matter and to file a report at the earliest. The case is now under investigation. During investigation search was conducted at the residence of the petitioner on 08.01.2021 and during the search, 3 locker keys seized by CBI. The lockers were operated by CBI and after noting down all the items the same were closed and the items were put back into the lockers and the same were sealed. Further submitted that the petitioner’s son T.K.Balaji is a Branch Manager in State Bank of India, who sanctioned a car 4/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1215 of 2024loan of Rs.25 lakhs on 06.12.2019 beyond his delegation of financial powers, which is in gross violation of the bank’s laid down system and procedure.5.The contention of the learned counsel for petitioner is that the petitioner is not an accused in this case and he has got nothing to do with the activities of his son Balaji, who was a Branch Manager of State Bank of India. There appears to be some departmental enquiry with regard to his functioning as a Branch Manager. It is his son’s independent act and the petitioner is noway connected with him. Only on the premise that petitioner had some nexus with his son, prohibitory order for operation of the lockers issued and according to the petitioner there is no connection between the petitioner and his son functioning as Branch Manager.6.The second respondent-Bank filed a counter giving details of the petitioner’s son functioning as a Branch Manager, sanctioning loans to 5/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1215 of 2024ineligible customers of Somangalam branch and fraud committed by petitioner’s son to the tune of Rs.4.95 crores with one V.Jayaprakash, who is the Proprietor of M/s.Bailey and Love, doing business of trading of medical equipments. 7.The learned Special Public Prosecutor appearing for the first respondent submitted that initially there was an objection but later, on confirmation it was found that the petitioner has got no role in his son’s activity. The locker stands in the name of petitioner and his wife and CBI has no serious objection for lifting of the prohibitory order and permitting the petitioner and his wife to operate their lockers.8.Considering the submissions made and on perusal of the material it is seen that on the search of the lockers, old gold jewels, which was gifted to the petitioner’s wife during her marriage as well as some jewels purchased during the employment of the petitioner for the past 35 years were found. The 6/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1215 of 2024first respondent not seized any articles found in the lockers. Now prosecution has ruled out the nexus of T.K.Balaji with this locker. The petitioner and his wife having locker and using the same keeping their own jewels and they are free to operate the same. 9.In view of the above, the prohibitory order passed by the trial Court in Crl.M.P.No.1653 of 2022 dated 13.05.2024 dismissing custody of locker keys and not allowing petitioner and his wife Isai Arasi to operate the lockers is hereby set aside. Consequently, if any corollary instructions or prohibitions issued by the first respondent to the second respondent as regards the lockers are also set aside. The keys available with the first respondent or if before the trial Court, to be handed over to the petitioner for free operation and usage of 3 lockers, viz., (1)Locker Key No.149 of SBI, Main Branch Madurai, standing in the name of petitioner and his wife Mrs.Isai Arasi, No.5/8, Vaigai Street, Velmurugan Nagar, Madurai-10.7/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1215 of 2024(2)Locker Key No.A69835 of SBI, Bye Pass Road, Madurai, standing in the name of petitioner and his wife Mrs.Isai Arasi, No.5/8, Vaigai Street, Velmurugan Nagar, Madurai-10.(3)Locker Key No.5069 of SBI, Bye Pass Road, Madurai, standing in the name of petitioner and his wife Mrs.Isai Arasi, No.5/8, Vaigai Street, Velmurugan Nagar, Madurai-10.10.With the above directions, the Criminal Revision Case is allowed. 06.03.2025Index: Yes/NoInternet : Yes/NoSpeaking order/Non-speaking orderNeutral citation: Yes/Norsi8/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1215 of 2024To1.The XI Additional Special Judge for CBI Cases, Chennai.2.The Inspector of Police, CBI/ACB/Chennai, Shahstri Bhavan, No.26, Haddows Road, Chennai – 600 006.3.The Public Prosecutor, High Court, Madras.9/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1215 of 2024M.NIRMAL KUMAR, J.rsiCrl. 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