Anticipatory bail plea moved by S Korean nationals dismissed

Justice M Dhandapani issued the order after hearing the petition filed by Choi Yong Suk and Choe Jaewon from South Korea, said to be the Managing Director and General Manager, respectively, of Chowel India Private Limited.

The duo was allegedly involved in GST evasion over which a case was filed at the Additional Chief Metropolitan Magistrate, Economic Offences-I, Egmore in 2019, and was arrested and lodged in Puzhal Central Jail. After they obtained bail from the High Court, they were sent to the foreigners’ detention camp in Tiruchy. Subsequently, they approached the Supreme Court and got permission to stay in their house in Chennai. The apex court directed the police to keep them under house detention, as the accused agreed to foot the expense for their security arrangements.

However, their driver-cum-assistant filed a complaint before the city police alleging that they were trying to flee the country using fake Aadhaar cards and other forged documents. The police filed a case against them under Sections 420, 468, 471, 224 and 511 of the IPC. Following this, they approached the High Court seeking anticipatory bail, and in the event of arrest, keep them in custody at their residence as ordered by the Supreme Court. However, the judge dismissed the arguments stating that the allegations were grave in nature.

Considering the gravity of the allegations and also the past antecedents, the court was of the view that the benefit granted by Supreme Court was only for tax evasion case, which could not be extended to this case, Justice Dhandapani held.

The court also noted that foreigners violating the law were not eligible to claim the benefit of Article 21 of the Constitution (Right to the Life and the Right to Personal Liberty).