High Court · 2025

CRL OP No. 17844 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 09-07-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARCRL OP No. 17844 of 2025Rajaram DubeyPetitioner(s)VsThe State Rep. by the Sub-Inspector of Police,District Crime Branch, Kancheepuram District. (Crime No.15 of 2024)Respondent(s)PRAYERThis Criminal Original Petition is filed under Section 483 of BNSS Act 2023 to enlarge the petitioner on bail in Crime No.15 of 2024 now pending investigation on the file of respondent police.For Petitioner(s):Mr.V.Karthic, Senior Counsel for M/s.Adithya VaradarajanFor Intervenor(S):Mr.E.C.MuraliFor Respondent(s):Mr.R.Vinothraja, GA (Crl.Side) https://www.mhc.tn.gov.in/judis CRL OP No. 17844 of 2025ORDERThe petitioner, who was arrested and remanded to judicial custody on 22.05.2025, for the offence punishable under Sections 465, 468, 471, 477A, 420 and 34 of IPC in connection with Crime No.15 of 2024, registered on the file of the respondent, seeks bail.2. The case of the prosecution is that the petitioner owner of M/s.KPN Technologies along with company employees, misappropriated funds by making false entries and forging invoices, causing a loss to the tune of Rs.3,38,61,227.86 to Sathyam Auto Components Pvt. Ltd. Hence, the case.3. The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. He claims to have supplied raw materials to the company worth over Rs.80,00,000/- since 2018, with all transactions being genuine and GST compliant. The learned counsel further submitted that the petitioner is suffering incarceration from 22.05.2025 and the petitioner undertakes to cooperate with the investigation and abide by any conditions imposed by this court. https://www.mhc.tn.gov.in/judis CRL OP No. 17844 of 20254. The learned Government Advocate (Crl.Side) would submit that the company follows formal procedure for the procurement of required materials. Initially, a Purchase Request (PR) is generated and approved by the respective HOD, Plant Head, COO (Chief Operating Officer), and the Final Approving Authority, following which it is forwarded to the Purchase Department. The Purchase Department negotiates for the best price and prepares a Purchase order (PO). The PO is then duly approved and issued to the supplier. Upon delivery, if the PO material quantity and the invoice match, the security personnel record the gate entry and the materials are moved into the store department where quantity and weight are verified. A Goods Receipt Note(GRN) is subsequently raised and forwarded to the Finance Department. After a minimum, credit period of 30 days, payment is processed to the vendor's bank account after verifying the PR, PO, Gate Entry, GRN and invoice. While that being so, during an internal enquiry conducted by the company along with its top management officials, the petitioner along with others were found to have committed fraud by falsifying documents and manipulating computer records and thereby, https://www.mhc.tn.gov.in/judis CRL OP No. 17844 of 2025misappropriated a total sum of Rs.3,38,61,277.86/- and the details of the accused persons are as follows:Sl.NoAccused RankRole1Rajesh Kumar.A-1(Absconding)He was manipulating records in the system misappropriating company funds by fabricating false invoices and purchase orders. It was discovered that these individuals defrauded the company by fraudulently editing bill documents and misappropriating significant sums of money. Further, he transfers the bill payment from A-4 to A-7.2Sandeep Kumar Rai/A-2(Absconding)He was manipulating records in the system misappropriating company funds by fabricating false invoices and purchase orders. It was discovered that these individuals defrauded the company by fraudulently editing bill documents and misappropriating significant sums of money. Further he disturbed the purchased order from vendors. He transfer the amount from A-4 to A-7 (via) Kodak Bank and Union Bank sum of approximately Rs.2 Crore & 80 lakhs.3Ghanshyam/A-3(Absconding)He was manipulating records in the system misappropriating company funds by fabricating false invoices and purchase orders. It was discovered that these individuals defrauded the company by fraudulently editing bill documents and misappropriating significant sums of money. Further he disturbed the purchased order from vendors. (Purchased Manager)4Naga Kishoor/A-4(Absconding)He was manipulating editing bill documents and misappropriating significant sums of money. After receiving the said amount, transferred to A-2s account (i.e,) Kodak Bank & Union Bank5Bharath Choudhary/A-5(Absconding)He was manipulating editing bill documents and misappropriating significant sums of money. After receiving the said amount, transferred to A-2s account (i.e,) Kodak Bank & Union Bank6Venkatachalam Mohana Priya/A-6(Absconding)He was manipulating editing bill documents and misappropriating significant sums of money. After receiving the said amount, transferred to A-2s account (i.e,) Kodak Bank & Union Bank7Rajaram Dubey/A-7Date of Arrest:22.05.2025He was manipulating editing bill documents and misappropriating significant sums of money. After receiving the said amount, transferred to A-2s account (i.e,) Kodak Bank & Union BankLearned Government Advocate (Crl.side) raised strong objection stating that the co-accused are still absconding and the investigation is at crucial stage, if the https://www.mhc.tn.gov.in/judis CRL OP No. 17844 of 2025petitioner is let out on bail, there is a possibility of absconding and tampering the evidences and threatening the witnesses, which could create hardship to the respondent police to proceed with further investigation in this case.5. The learned counsel for the intervenor contends that the petitioner's involvement in the alleged crime is evident from the transactions and documentary evidence on record and opposed the grant of bail to the petitioner, citing the seriousness of the offence and the potential threat to the investigation and witnesses.6. At this stage, on instructions, the learned counsel for the petitioner submits that the petitioner, to show his bonafide, without prejudice to his rights, is ready and willing to deposit a sum of Rs.12,00,000/- to the credit of Crime No.15 of 2024.7. Heard the learned counsel for the petitioner, the learned counsel for the intervenor and the learned Government Advocate (Crl.Side) appearing for the https://www.mhc.tn.gov.in/judis CRL OP No. 17844 of 2025respondent police and perused the materials available on record.8. Considering the facts and circumstances of the case, the petitioner has agreed to deposit a sum of Rs.12,00,000/- (Rupees Twelve Lakhs Only) to the credit of Crime No.15 of 2024 to show his bonafide, submissions made by the learned counsels on either side, and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 9. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kancheepuram and on further conditions that:[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; https://www.mhc.tn.gov.in/judis CRL OP No. 17844 of 2025[b] the petitioner shall report before the respondent police every Tuesday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation;[c] the petitioner is directed to deposit a sum of Rs.12,00,000/- (Rupees Twelve Lakhs Only) to the credit of Crime No.15 of 2024 and shall produce the proof of the payment before the learned Magistrate concerned at the time of executing the sureties. The learned concerned Magistrate shall deposit the same in the interest bearing fixed deposit scheme in any one of the nationalised banks.[d] the petitioner shall make himself available for interrogation by a Police Officer as and when required;[e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate https://www.mhc.tn.gov.in/judis CRL OP No. 17844 of 2025orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.09-07-2025jaiNote :1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 17844 of 2025To1.The Sub-Inspector of Police,District Crime Branch, kancheepuram District. 2.The Judicial Magistrate No.1,Kancheepuram.3.The Central Prison, Vellore.4.The Public Prosecutor,High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17844 of 2025M.NIRMAL KUMAR J.jaiCRL OP No. 17844 of 2025 09-07-2025