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Wednesday, Mar 26, 2008
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Online edition of India's National Newspaper Wednesday, Mar 26, 2008 ePaper | Mobile/PDA Version |
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Tamil Nadu
CHENNAI: The Madras High Court has cancelled the bail granted by a lower court to former Member of Parliament K. C. Palaniswamy in a case relating to alleged cheating of a company of Rs.78 crore. In his order cancelling the bail on Monday, Justice M. Jeyapaul said that while granting bail the Additional Chief Metropolitan Magistrate of Egmore had not considered the gravity of the charge, criminal antecedents of the accused and the fact that the amount allegedly misappropriated was yet to be traced. The complaint is that Cheran Enterprises Private Limited (CEPL) had Rs.78 crore in its bank account in Chennai. Mr. Palaniswamy, it is alleged, siphoned off the entire money by diverting it to the accounts of other accused. He fabricated documents and records and fraudulently misappropriated the complainant’s fund. He was granted conditional bail by the Additional CMM. Challenging this, the Inspector of Police, Central Crime Branch, Egmore, filed a petition before the High Court. The Judge heard arguments of A. Saravanan, Government Advocate (Criminal Side), Habibullah Basha, senior counsel for CEPL and B. Kumar, senior counsel for the accused. In his order, Mr. Justice Jeyapaul said the company had established that it had a deposit of Rs.78 crore. The bank account would show that the entire amount was taken away by the accused. There was a serious charge of fabrication of documents for the purpose of misappropriation. Except one, who was arrested recently and taken into police custody, no other accused had been arrested. They were in one way or the other closely connected with the business transactions of Mr. Palaniswamy. If the accused was enlarged on bail when investigation was at a crucial stage, there was every possibility of tampering with witnesses. The investigating agency had said Mr. Palaniswamy never cooperated with the police during interrogation in police custody. Hence there had been no occasion for the investigating agency to take him to Coimbatore or Erode or any other place where the amount misappropriated had been deposited. The Supreme Court had laid down that the duration of custody of an accused could not be a material ground for releasing him when he had been accused of a grave offence. Mr. Justice Jeyapaul said that in a case of such magnitude if the accused was released on bail, there was every possibility of him fleeing from justice. The criminal antecedents of the accused could not be ignored by the court. The release of the accused would deal a death blow to the investigation.
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