NEW DELHI: The Delhi High Court has refused to grant anticipatory bail to a former senior executive of Samsung India Limited charged with embezzlement of company money through manipulation and falsification of the books of accounts.

Dismissing the application of accused Vivek Prakash, erstwhile vice-president, Sales and Information Technology Division of the company, Justice R.C. Chopra said: "Under the facts and circumstances of the case, this Court is of the considered view that in view of the enormity of the crime, embezzlement of large sums and the modus operandi adopted for the embezzlement of funds and the falsification of the accounts, the custodial interrogation of the petitioner would unfold many more facts and incriminating evidence to the investigating agency."

"Custodial interrogation of the petitioner may also result in recovery of embezzled funds. The investigating agency, therefore, must not be deprived of an opportunity to reach the bottom of the truth and collect evidence required to establish the allegations made by the complainant (company) against the petitioner,'' Mr. Justice Chopra observed. "Under the circumstances, this court is of the view that it is not a fit case for grant of anticipatory bail.''

The FIR lodged by the company with the Economic Offences Wing of the Crime Branch of the Delhi police alleged that in the course of reconciliation of the company's accounts it was found that large-scale irregularities had been committed by Vivek Prakash in connivance with R.S. Sahu, accounts manager of the company, some other employees of the firm and certain distributors of Samsung products.

Mr. Justice Chopra said: "Multinational companies and big business houses depend upon their officers and staff, and if such malfeasances are taken lightly by the law enforcing agencies, their faith in the legal system and rule of law may get eroded, and it would bring a bad name to the judicial system also."

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