Crl.O.P.No.19386 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.07.2025 CORAM THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.19386 of 2025 Arokkiyasamy ... Petitioner Vs. The State Represented by, The Inspector of Police, DCB Police Station, Cuddalore District. (Cr.No.21 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.21 of 2025 pending on the file of the respondent. For Petitioner : Mr.D.Baskar for Mr.E.Ashok Kumar For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) Mr.S.Kishore for Intervenor O R D E R The petitioner, who was arrested and remanded to judicial custody on 18.06.2025, for the offence punishable under Section 420 of IPC, 1860 in 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19386 of 2025 Crime No.21 of 2025, registered on the file of the respondent, seeks bail. 2. The case of the prosecution is that the petitioner is arrayed as A1. The petitioner along with his daughter, son and wife were doing cashew business with the defacto complainant. The petitioner and other accused persons received cashews from the defacto complainant, thereafter, neither amount paid nor returned cashews. It was found petitioner and others have sold the cashews, received money and misappropriated the same. Hence, the case. 3. The learned counsel for the petitioner submits that the petitioner is arrayed as A1 and is doing cashew business with the defacto complainant in the name of Anand Cashews. A2 was running Suvi cashews. A1 and A2 received cashews approximately weighing 13,000 kgs worth Rs.68 Lakhs from the defacto complainant Kumari cashews, 28 lakhs paid by the petitioner and a further sum of Rs.28 Lakhs paid by Nature cashews, Bangalore who is also a dealer. However, some difference amount to be paid by the petitioner. The petitioner's daughter filed a case in HCP.No.268 of 2025 against her estranged husband Subhash Chandra Bose to secure her son 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19386 of 2025 who was sold by her husband. He further contended that the present complaint engineered by the defacto complainant, who is a friend of the petitioner's son-in-law, as a counter blast. He further states that the entire family of the petitioner falsely implicated as accused persons. The dispute between the petitioner and the defacto complainant arises out of business transaction, which is purely civil in nature and governed by the Sale of Goods Act, and does not attract any criminal liability. Therefore, he submits that custodial interrogation not necessary and seeks to grant bail to the petitioner. 4. Learned counsel appearing for the intervenor submits that the defacto complainant supplied cashew nuts of 13,000 Kgs, valued around Rs.90 Lakhs to the petitioner (A1) and his daughter (A2). Despite supply, neither the petitioner nor A2 paid the amount due for the said consignment. The petitioner's contention that the present case arises out of an internal dispute between his daughter and son-in-law is baseless, unsupported with any material facts. Further, defacto complainant has no connection in the internal family dispute and the same cannot be used as a defence in this case. 5. Learned Government Advocate (Crl. Side) appearing for the 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19386 of 2025 respondent police, opposed for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner and his daughter received cashew nuts through 9 invoices from the defacto complainant in the name of Anand and Suvi Cashews worth Rs.26,50,000/-. Further, the petitioner received cash of Rs.1,50,000/- from the defacto complainant. The petitioner received cashews from six other persons including farmers. In total the petitioner has misappropriated a sum of Rs.54,00,000/-. When the respondent Police on the complaint given by the defacto complainant, inspected the premises of the petitioner, found no stock of cashew, the petitioner neither paid money to the defacto complainant nor returned cashews. He further submits that A1 alone is arrested and the other accused A2 to A6 are still absconding. 6. Heard both sides and perused the materials available on record. 7. Though it is the claim of the petitioner that he has deposited the entire amount for the cashews received by him through the defacto complainant, however in the light of the submission made by the learned Government Advocate (Crl.Side) it is seen that the petitioner and his family 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19386 of 2025 members neither paid nor returned the cashews. Hence, there is commission of offence of misappropriation. 8. Though the petitioner claims to have settled the dues, not produced any receipt or acknowledgment confirming full and final settlement. In the absence of any materials and not disputing the entrustment of cashews and considering the gravity of allegations and amount involved and other accused absconding, this Court is not inclined to grant bail to the petitioner. 9. Accordingly, this Criminal Original petition is dismissed. 29.07.2025 1/2 rap To 1. The Inspector of Police, DCB Police Station, Cuddalore District. 2.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19386 of 2025 M.NIRMAL KUMAR, J. rap Crl.O.P.No.19386 of 2025 29.07.2025 1/2 6/6 https://www.mhc.tn.gov.in/judis