06.01.2025 Sl. No.19 akd [Rejected] C. R. M. (A) 4665 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 23.12.2024 in connection with Hare Street Police Station Case No.341 of 2024 dated 17.12.2024 under Sections 318(4)/336(3)/340(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023. And In Re: Sandipan Datta & Anr. … … Petitioners Mr. Saswata Gopal Mukherjee .. Sr. Advocate Mr. Samrat Choudhury … … for the petitioners Mr. Neguive Ahmed … … for the Committee Mr. Joydeep Roy .. Sr. Govt. Advocate Ms. Eshita Dutta … … for the State 1. Petitioner no.1 is the father of petitioner no.2. 2. It is submitted on behalf of the petitioners that refunds had been inadvertently made by the One Man Committee to individuals. These refunds have been returned even prior to registration of FIR. Petitioners were unaware the refunds were against fake certificates. Petitioner no.2 is sick and admitted to hospital. Accordingly, they pray for anticipatory bail. 3. Learned Advocates for the State as well as One Man Committee strongly oppose the prayer for anticipatory bail. They contend petitioner no.1 claims to be a depositor in ‘M/s. MPS Greenery Developers Pvt. Ltd.’, a company under the MPS Group of Companies which is under the supervision of the One Man Committee constituted by this court. Petitioner no.1 in collusion with his son viz. petitioner no.2 manufactured fake deposit certificates and induced the committee to Signed By : ARUP KUMAR DAS High Court of Calcutta 8 th of January 2025 04:14:22 PM 2 release refunds which were misappropriated. Custodial interrogation to unravel the fraud which may be much larger than what is portrayed in the FIR is necessary. 4. We have considered the materials on record. Petitioner no.1 is a depositor in ‘M/s. MPS Greenery Developers Ltd.’ He in collusion with his son viz. petitioner no.2 submitted fake deposit certificates on behalf of other depositors and obtained refunds to the tune of over Rs.25,00,000/- in two tranches. First tranche of illegal refunds i.e. Rs.7,10,000/- has been returned. 5. Learned senior Advocate submits the other tranche of refunds shall be accounted for shortly. 6. Ordinarily this submission would have justified pre-arrest bail. However, the profile of the case persuades us to hold otherwise. One Man Committee was constituted by this court to supervise the affairs of a number of chit fund companies including MPS Group of Companies. The committee was entrusted to verify deposit certificates and make refund to the depositors under the schemes approved by this court. 7. As per FIR, petitioner no.1 in collusion with his son viz. petitioner no.2 (who is an Information & Technology expert) manufactured fake certificates and misappropriated refunds. Two tranches of misappropriated refunds have been noted in the FIR. Investigation is in progress. Custodial interrogation may reveal similar acts by the petitioners with regard to the company in question and/or other allied MPS Group of Companies. 8. In this backdrop, we are of the opinion custodial interrogation of the petitioners for progress of investigation is necessary and this is not a fit case to grant anticipatory bail to them. Signed By : ARUP KUMAR DAS High Court of Calcutta 8 th of January 2025 04:14:22 PM 3 9. Accordingly, the prayer for anticipatory bail of the petitioners stands rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 8 th of January 2025 04:14:22 PM