TMI Blog2023 (1) TMI 1189X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence and influencing the co-accused. That apart, the twin conditions as mandated under Section 45 of PML Act shall apply in this case and the petitioner failed to adduce anything contrary to establish that he is not involved in the offence. Therefore, there is no change of circumstances to consider the present bail petition. This Court is not inclined to grant bail to the petitioner - Petition dismissed. - CRL.O.P.No.27478 of 2022 - - - Dated:- 12-1-2023 - Honourable Mr.Justice G.K.Ilanthiraiyan For the Petitioner : Mr.R.John Sathyan For the Respondent : Mr.N.Ramesh Special Public Prosecutor for ED cases ORDER The petitioner, who was arrested and remanded to judicial custody on 28.01.2022 for the offences pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. He was arrested and remanded to judicial custody in pursuant to the crime No.63 of 2017. He was examined under Section 50 of PML Act and revealed that the person whose photograph is appearing in the account opening form identified the person S.R.Kavin Sidhaarth @ R.Senthil Kumar. He categorically admitted that he had entered inside the premises of Indian Bank, Thousand Lights Branch for the purpose of opening current account in the name and style of M/s.BK Electro Tool Products. Thereafter, he obtained cheque book. Therefore, the said Kannan affixed photo of one, S.R.Kavin Sidhaarth @ R.Senthil Kumar and opened a current account. 2.2. Further, the third accused who layered a sum of Rs.4,78,39,852/- through his business entity i.e. M/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cern of M/s.I Square Enterprises to the tune of Rs.1,26,00,000/- was layered into the account of M/s.BK Electro Tool Products. 3.1. The learned counsel for the petitioner would submit that even according to the prosecution the allegation as against the petitioner is that he assisted the accused 1 and 3 in opening account with the Indian Overseas Bank, Royapuram, in the name of M/s.Levensun Solutions Private Limited and thereby involved in the activity connected with layering of funds to the tune of Rs.3,96,39,851/- and Rs.82,00,000/- into the bank account maintained at Hong Kong. The first accused, a sole proprietor of M/s.I Square Enterprises to one Ameen of Burma Bazaar and by using the account of M/s.I Square Enterprises layered a sum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o show that the money that was transacted are proceeds of crime. Hence, Section 45(1) of the PML Act cannot be attracted as against the petitioner, as it is not the case of the prosecution that the money belongs to the petitioner. The petitioner is undergoing incarceration from the date of arrest namely on 28.01.2022. Now, the complaint has been taken cognizance by the Trial Court in Spl.C.C.No.7 of 2021. Hence, he prays for grant of bail to the petitioner. 4. Per contra, the learned Special Public Prosecutor for ED Cases appearing for the respondent filed counter affidavit wherein he submitted that, on the basis of the statement recorded from the 7th accused, the petitioner was issued with summons to participate in the enquiry and his s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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