Authority: High Court of Judicature at Madras

Order Date: 04.11.2026

Case Overview

  • Petitioner: G. Kamalakannan (represented by Mr. R. Muniyapparaj)
  • Respondent: The State represented by the Inspector of Police, Bank Fraud Investigation Wing, Alpha‑II Team, Central Crime Branch‑I, Chennai (represented by Mr. M.M.I. Khaleel, Government Advocate)
  • Petition: Criminal Original Petition No. 29722 of 2026 seeking regular bail under Section 483 of the BNSS in Crime No.154 of 2024, which involves offences under IPC Sections 420, 465, 466, 467, 468, 471 read with Sections 120‑B and 34. The gravest offence, Section 467, carries a life‑imprisonment penalty.
  • Background of the Crime: SBI sanctioned a housing loan of Rs.1,44,23,000/‑ to the first accused for purchase of plots at Kazhipattur Village and disbursed Rs.1,44,16,722/‑ to an account in the name of the vendor (second accused). The account turned non‑performing; bank’s examination found forged vendor documents, resulting in a loss of Rs.1,39,63,430/‑. The FIR names only the borrower and the vendor. The respondent alleges the vendor was impersonated by a person named Saraswathy, who, together with Jameela Begum, identified the petitioner as the mastermind who prepared the forged deeds.
  • Petitioner’s Position: Argues he is not named in the FIR, has no role as borrower, vendor, guarantor, executant, attestor or witness; the only material against him is the statements of co‑accused. He was arrested on 24.08.2026 (prisoner transit warrant) after a Division Bench set aside his preventive detention in H.C.P. No.145 of 2026. He has been granted bail in several other cases, including Crl.O.P. No.25103 of 2026 (C.C. No.152 of 2022).
  • Medical Claim: Petitioner suffers from bone loss in the right arm requiring physiotherapy and surgery. He submitted a CT report (2022) showing an old non‑united fracture of the ulna and chronic osteomyelitis of the radius of the right forearm.
  • Respondent’s Counter‑Affidavit: Accuses petitioner of heading a syndicate that uses impersonators before Sub‑Registrars and banks, of being involved in eighteen cases of bank fraud and land grabbing, and of having filed a forged medical certificate in a CBI case. Also notes his formal arrest in Crime No.155 of 2024 on 21.10.2026.
  • Court’s Considerations: The petitioner is not named in the FIR; evidence rests on co‑accused statements, which are trial matters. The petitioner’s antecedents (eighteen prior fraud/forgery cases) are relevant but not a bar to bail. Prior bail granted in other cases does not create a right to bail here. Medical condition, while serious, can be treated in a government hospital; therefore it does not justify release. The investigation remains open, with no final report filed.

Final Outcome

  • The Criminal Original Petition is dismissed; bail is not granted.
  • The Superintendent, Central Prison‑II, Puzhal, Chennai, must have the petitioner examined in the Department of Orthopaedics of a Government Hospital within two weeks and ensure physiotherapy and any required surgery.
  • The Superintendent must also act on any pending representation for private treatment as per order dated 23.07.2026 in Crl.M.P. No.8724 of 2026, within one week.
  • The respondent must complete the investigation and file the final report within ninety days of receiving the order. If the report is not filed for reasons not attributable to the petitioner, he may renew his bail prayer.
  • The observations are confined to this petition and are prima facie; they shall not influence further investigation or trial court proceedings.

Topics: Bank Fraud, Bail Petition, Criminal Procedure