S.Karthick v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24516 of 2021 S.KARTHICK [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, B1 NORTH BEACH POLICE STATION, CHENNAI DISTRICT (CR NO.1540/2021) For Petitioner : M/S.SYED NIZAMUDDIN AHMED HUSSAINI Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 03.11.2021 for the offences under Sections 408, 465, 468, 471 and 420 of IPC, in Crime No.1540 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de facto complainant is working as a Manager in Citi Transport Syndicate Pvt Ltd. at Mannadi, Chennai and that the petitioner is working as an accountant in the same company and managing the Accounts of the company. The de facto complainant directed the petitioner to submit the details of outstanding from the customers. On verification, it was found that the said customers mentioned in list, had already settled their outstanding. Subsequently, they found that the petitioner had misappropriated the company's money to the tune of Rs.11,04,317/- and the said amount has been transferred to his company's account which was illegally running by the petitioner under the name and style of City Transports Syndicate Pvt Ltd. for the past 5 years. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence. He would further submit that the petitioner had left the defacto complainant's company after giving proper information and only thereafter, he started his own business whereas, a false case has been foisted against the petitioner with ill motive and that he has been suffering incarceration for more than 40 days from 03.11.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner is the sole accused and he has swindled more than Rs.11 lakhs and transferred the amount to his company's account by giving false address to the customers and that the amount has not been recovered. He would further submit that the investigation has not been completed.

5.On seeing the nature of allegations levelled against the petitioner and the fact that the amount has not been recovered and hence, the case needs a detailed enquiry. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 16/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, B1 NORTH BEACH POLICE STATION, CHENNAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.SYED NIZAMUDDIN AHMED HUSS Advocate on payment of necessary charges CRL OP.24516/2021 Date :16/12/2021 CSK 29/12/2021