Crl.O.P.No.4599 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 26.03.2025 PRONOUNCED ON : 02.04.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4599 of 2025 Ruthratcham ... Petitioner/A1 Vs. State Rep. by The Inspector of Police, District Crime Branch, Chengalpattu District. [Cr.No.1 of 2025] ... Respondent/Complainant E.Sekar … Intervenor / Defacto complainant [The defacto complainant permitted to intervene, as per the order of this Court [SMJ] dated 02.04.2025 made in Crl.MP.No.3179 of 2025] PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.1 of 2025, on the file of the respondent police. For Petitioner : Mr.S.D.Venkateswaran for Mr.Arivazhagan .C For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side) 1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4599 of 2025 For Intervenor : Mr.Mohan, Sr. Counsel for Mr.P.Dinesh Kumar O R D E R The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 403, 405, 409, 420, 467, 468 & 471 of IPC in Crime No.1 of 2025, on the file of the respondent police, seeks anticipatory bail. 2. It is the case of the prosecution that the petitioner was working in a construction company run by the defacto complainant for the past 10 years; that during the audit on 16.01.2025, it came to light that the petitioner had misappropriated a total sum of Rs.3 Crores by inflating the weekly bills raised by the sub-contractors and getting the money transferred either to his account or to his wife’s account or other relatives' accounts; that the petitioner had invested huge amounts in properties, mutual funds, insurances, Bitcoin, etc., and thus, committed the aforesaid offences. 3. 3. The learned counsel for the petitioner submitted that there is no substance in the complaint; that there were regular audits conducted 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4599 of 2025 every year; that the alleged fraud of the petitioner was not unearthed; that the impugned complaint is an afterthought and produced the copy of the statement of account to show that he had made payments to various contractors and employees from the money credited to his account and the allegation of misappropriation is false; and that in any case, considering the nature of allegations, custodial interrogation of the petitioner, is not required for the purpose of investigation and sought for anticipatory bail. 4. The learned Government Advocate (Crl.Side) while opposing the petition for grant of anticipatory bail, reiterated the prosecution case and filed a status report furnishing the details and the manner in which the petitioner had misappropriated a total sum of Rs.2,86,57,210/- and that the petitioner had misappropriated the amount by three methods, which reads as follows: (i) Category A: Complainant Account to first accused’s account through fabricated bills S.No. Complainant’s Account A1 accused’s account Amount 1 SBI A/c.No.10912184103 Indian Bank A/c.No.6972712974 Rs.76,74,054/-, 2 HDFC A/c.No.50200079595161 Indian Bank A/c.No.6972712974 Rs.1,15,80,514/- IDFC Rs.11,27,161/- 3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4599 of 2025 A/c.No.10158088346 Total amount Rs.2,03,81,729/- (ii) Category B: Labour Contractors’ Account to first accused’s account through super imposed bills S.No. Complainant’s Account Labour Contractors’ Account A1 accused’s account Amount 1 2 SBI A/c.No. 10912184103 1.Shyamlol Indian Bank A/c. No. 6969846630 Indian Bank A/c.No.6972712974 Rs.17,38,800/- 2. Bhallu Singh Indian Bank A/c.No. 7060012674 Indian Bank A/c.No.6972712974 Rs.3,24,000/- 3. Panchu Sha, Indian Bank A/c.No. 6988589995 Indian Bank A/c.No. 6972712974 Rs.22,08,500/- SBI Bank A/c.No. 32377048447 Rs.2,59,900/- Total amount Rs.45,31,200/- (iii)Category C: Labour Contractors’ Account to first accused’s family member's account through mobile banking S.No. Complainant’s Account Labour Contractors’ Account A1 accused’s account Amount 1 2 SBI A/c.No. 10912184103 Panchu Sha, Indian Bank A/c.No.6988589995 Shobhana/A3 TMB Bank A/c. No. 222100050304906 Rs.1,27,600/- Selvi/A4 TMB Bank A/c.No. 222100020301942 Rs.1,10,000/- Total Amount Rs.2,37,600/- A1/Rudtracham Indian Bank A/c.No. 6972712974 A2/Muthuvel, Indian Bank A/c. No. 945204829 Canara Bank A/c. No.4063101000871 Rs.8,08,560/- A1/Rudtracham Indian Bank A/c.No. 6972712974 Shobhana/A3 TMB Bank A/c. No. 222100050304906 Rs.1,54,000/- A1/Rudtracham Indian Bank A/c.No. 6972712974 Selvi/A4 TMB Bank A/c.No. 222100020301942 Rs.2,65,000/- Total Amount Rs.12,27,000/- 5. The learned Government Advocate (Crl.Side) therefore 4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4599 of 2025 submitted that considering the modus adopted by the petitioner, his custodial interrogation is very much required to unearth the total misappropriation amount and also to ascertain the involvement of any other person in the company. 6. Mr.Mohan, learned senior counsel for the defacto complainant also pointed out to certain bills raised by the contractors and how those bills have been manipulated and inflated and the difference amount was transferred to the account of the petitioner. He also submitted a chart explaining as to how there was a money transfer from the contractors to the account of the petitioner and his relatives and opposed the grant of anticipatory bail to the petitioner. 7. Considering the aforesaid facts, the nature of the allegations against the petitioner and the gravity of the offence, this Court is of the view that custodial interrogation of the petitioner may be required. Accordingly, this Court is not inclined to grant anticipatory bail to the petitioner and hence, this Criminal Original Petition is dismissed. 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4599 of 2025 02.04.2025 ars 6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4599 of 2025 SUNDER MOHAN., J. ars To 1.The Judicial Magistrate No.II, Chengalpattu. 2. The Inspector of Police, District Crime Branch, Chengalpattu District. 3. The Public Prosecutor, High Court of Madras. Pre-delivery order in Crl.O.P.No.4599 of 2025 7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.4599 of 2025 02.04.2025 8/8 https://www.mhc.tn.gov.in/judis