Madras High Court
J.Sudhakar vs The Inspector Of Police on 10 January, 2022
Crl.O.P.No.22169 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Crl.O.P.No.22169 of 2021
J.Sudhakar .. Petitioner
Vs.
The Inspector of Police,
CBI/ACB/Chennai,
RC35/A/2005 and 36/A/2005
of CBI/ACB/Chennai. .. Respondent
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C.,
seeking return of the documents marked as Ex.P.107 to 111 and Ex.P114 to
116 in C.C.No.6 of 2006 on the file of the learned II Additional District
Judge (CBI Cases), Coimbatore.
For Petitioner : Mr.S.Veeraraghavan
For Respondent : Mr.K.Srinivasan,
Special P.P. (CBI)
For Canara Bank : Mr.K.Rajesh,
for T.S.Gopalan & Co
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Crl.O.P.No.22169 of 2021
ORDER
This criminal original petition has been filed seeking to return the
documents marked as Ex.P107 to P111 and Ex.P.114 to P116 in C.C.No.6 of
2006, on the file of the learned II Additional District Judge (CBI Cases),
Coimbatore.
2. According to the petitioner, earlier one Mr.Pandiyaraj (A2) and his
wife Mrs.Anithra Pandiyaraj (A3) have obtained loan from Canara Bank and
the petitioner stood as guarantor for them and gave his properties as
collateral security. Thereafter, finding that a fraud has been committed by
A2 and A3 along with the Branch Manager, Canara Bank, a crime was
registered against them and number of documents including petitioners
original sale deed, given as a security were seized by the CBI. In the
meantime, the petitioner approached the bank to redeem the properties which
were given as collateral and redeemed the mortgage after paying the amount.
After trial, trial Court convicted the accused and an appeal was filed against
the said judgment in Crl.A.No.869 of 2019 before this Court and the same is
pending. Now, seeking to return those documents this petition has been
filed.
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Crl.O.P.No.22169 of 2021
3. Mr.S.Veeraraghavan, learned counsel appearing for the petitioner
submitted that the petitioner was not an accused in the case and he has only
stood as a guarantor, also redeemed the mortgage by paying the entire due
amount to the bank, therefore there is no impediment to release the
documents.
4. Mr.K.Srinivasan, learned Special Public Prosecutor (CBI)
appearing for the respondent would submit that the petitioner is not an
accused in this case and he only stood as a guarantor for A2 an A3 and he
has also paid the entire mortgage amount and redeemed the mortgage. He
further submitted that the CBI has no objection for returning the property
documents to the petitioner. He further submitted that since appeal is
pending before this Court, the petitioner may be directed to substitute the
original documents with certified copies and he may be further directed to
produce the original documents as and when required during the appeal
proceedings.
5. Mr.K.Rajesh, learned counsel appearing for the Canara Bank
submitted that Canara Bank has no objection for returning the documents
sought for by the petitioner herein and he further submitted that they have
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Crl.O.P.No.22169 of 2021
also filed a miscellaneous petition in Crl.M.P.No.11793 of 2021 in
Crl.A.No.869 of 2019 seeking to return the documents.
6. I have considered the rival submissions and also perused the
records carefully.
7. The petitioner has only stood as a guarantor to A2 and A3 and
now he has settled the entire dues and redeemed the mortgage, further the
respondent CBI and Canara Bank have also expressed their no objection in
returning the said documents to the petitioner.
8. In the above circumstances, I am inclined to allow this petition and
this petition is allowed. The trial Court is directed to return the original sale
deeds marked as Ex.P.107 to P111 and Ex.P.114 to P116 in C.C.No.6 of
2006 to the petitioner herein. Considering the fact that criminal appeal is
pending before this Court, the petitioner is directed to substitute the original
documents with certified copies and he is also further directed to produce the
original documents as and when required by this Court.
10.01.2022
kk
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.22169 of 2021
To
1. The II Additional District Judge (CBI Cases),
Coimbatore.
2. The Inspector of Police,
CBI/ACB/Chennai,
RC35/A/2005 and 36/A/2005
of CBI/ACB/Chennai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.22169 of 2021
V.BHARATHIDASAN, J.
kk
Crl.O.P.No.22169 of 2021
10.01.2022
https://www.mhc.tn.gov.in/judis
