Alankrit V Arora v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10409 of 2025 Alankrit V Arora .. Petitioner/Accused No.1 Vs.

The State rep by The Inspector of Police, Central Crime Branch EDF-II, Beta-III Vepery, Chennai-600 007.

(Crime No.46 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.46 of 2025 on the file of the respondent Police. For Petitioner : Mr.N.R.Ilango, Senior Counsel for Mr.S.Agilesh Kumar For Respondent : Mr.S.Balaji Government Advocate(Crl.Side) Page No.1 of 8

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(4), 318(4), 336(2), 338, 340(2), 61(2) of BNS 2023, in Crime No.46 of 2025, seeks anticipatory bail.

2.

The case of the prosecution is that the petitioner was working as a Chief Business Officer (C.B.O) in the school run by the defacto complainant and that he had forged certain letters and transferred money to the tune of Rs.67,66,04,722/- (Rupees Sixty-Seven Crore Sixty-Six Lakh Four Thousand Seven Hundred Twenty-Two Only) from the account of the defacto complainant, though he was only entitled to Rs.1 Crore towards his remuneration and thus committed the aforesaid offences. 3.

Mr.N.R.Ilango, learned Senior Counsel for the petitioner submitted that the amount transferred to his account was authorised by the respondent; that the letters by which they authorised the transfer is now disputed by the defacto complainant as an after thought; that the petitioner Page No.2 of 8

has initiated arbitration proceedings before Singapore International Arbitration Centre, that the account of the petitioner in which a sum of Rs.64 Crores is lying has now been frozen by the respondent; that the allegations are borne out by records and hence custodial interrogation of the petitioner is not required and sought anticipatory bail. 4.

Mr.Arun C.Mohan, learned counsel for the Defacto complainant opposed the grant of anticipatory bail and submitted that the transfer of amount was not authorised by the defacto complainant; that the petitioner is due to receive only a sum of Rs.1 Crore as remuneration; that the petitioner had forged certain documents; that in a civil proceeding before this Court the petitioner had undertaken not to proceed with the arbitration proceedings and that the petitioner may be directed to file an affidavit as to where he had deposited the remaining amount of Rs.2 Crores. 5.

In response, the learned Senior Counsel submitted that out of the alleged misappropriated amount of Rs.67,66,04,722/-, a sum of approximately Rs.10 Crores was paid as Tax and the remaining amount is Page No.3 of 8

available in his bank account which includes his savings money besides the transferred amount and that he would file an affidavit to that effect before the learned Magistrate.

6.

Heard the learned Government Advocate (Crl.side) who submitted that a Look Out Circular has been issued for securing the petitioner.

7.

The allegations are borne out by records. The alleged misappropriated money which is now lying in the account of the petitioner has been frozen. The claim of the petitioner is that he is entitled to the money transferred to his account and it was authorised by the defacto complainant. There are civil proceedings pending between the parties. In such circumstances, this Court is of the view that the custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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8.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Metropolitan Magistrate for the exclusive trial of CCB cases (relating to Cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner shall file an affidavit as regards the manner in which the alleged money transferred to his account was used before the learned Magistrate.

[b] The petitioner shall seek permission of the learned Magistrate as and when he intends to travel abroad.

[c] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. Page No.5 of 8

[d] the petitioner shall report before the respondent police twice a week at 10.30 a.m., until further orders.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] the petitioner shall not abscond either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with law as if the conditions have been imposed and the Petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

23.04.2025 1/2 Index : Yes / No Internet : Yes / No gbi Page No.6 of 8

To 1.The Inspector of Police, Central Crime Branch EDF-II, Beta-III Vepery, Chennai-600 007.

2.The Metropolitan Magistrate for the exclusive trial of CCB cases (relating to Cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai.

3.The Public Prosecutor, Madras High Court, Chennai.

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SUNDER MOHAN , J.

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