1. The petitioner is the Managing Director of M/s.Prime Sristi Housing Pvt. Ltd., and a case has been registered against the petitioner and others in Crime Number 751 of 2014, on the file of Inspector of Police, T-14 Mangadu Police Station, Mangadu, Chennai, viz., the first respondent herein. After investigation, a final report has been filed under Section 173 (2) Cr.P.C., wherein, the petitioner has been arrayed as second accused.

2. The petitioner and other accused are chargesheeted for offence under Sections 120(B), 304(ii) and 308 IPC. The first accused, viz., M/s.Prime Sristi Housing Pvt. Ltd., constructed two multi-storeyed building, viz., 'Tower A' and 'Tower B' at No.52, Kundrathur Main Road, Moulivakkam, Chennai, and on 28.06.2014, Tower B building got completely collapsed, causing death of 61 persons and 27 persons sustained injuries. After investigation, the first respondent/Police filed a chargehseet, and as per the chargesheet, investigation discloses the following :-

i) The structural plan was drawn by an Architect Tmt. Suganya, and structurally designed by S.Nagesh, the Structural Engineer and submitted for approval by A1 Company through A8 Balagurusamy and the plan approved by CMDA has not been used for the actual construction of 11 storeyed building, and had it been used, the possibility of collapse would have been averted.

ii) The structural design given for the foundation, i.e. the raft and pile were inadequate to bear the entire weight of basement+stilt+11 storeyed building.

iii) The collapse of the building is primarily attributable to gross deficiency in the structural design of the reinforced concrete columns, in gross violation of the requirements for structural design prescribed in the National Building Code of India.

iv) The columns designed are also inadequate to bear the dead weight of such heavy structure.

v) The foundation was not designed as per the nature of the soil at the SOC, and foundation executed by the accused concerned are highly inadequate for the stable construction of eleven storeyed building.

vi) The improper detailing, such as provision of anchorage, length to reinforcement and column title are inadequate to cover the reinforcement.

vii) The design and construction of the building in all aspects are in violation of National Building Code, Bureau of Indian Standard.

viii) The materials such as concrete, steel and bricks used for the construction, were not properly tested, and hence, the requirement level of concrete and tolerance limit of steel were not proper.

and

ix) The accused concerned, removed many columns in the CMDA approved plan at the basement level for the convenience to create more space for car parking knowledge to endanger the structure of the building."

3. It is further stated in the chargesheet, as follows:-

i) The first accused/Company, represented by its Managing Director, viz., the second accused/Manoharan, and accused Nos.2 to 9 along with two other site Engineers, viz., i) Dineshkumar and ii) Mohamed Hassan (since expired) conspired to construct 11 storeyed building with knowledge and knowing the abovesaid facts, and invited the risk of danger of instability of the structures, which would in all probabilities, result in the collapse in the event of any slight external force, such as heavy wind, and rainfall, thunder light tremor, and any shake or movements due to other reasons, and each one did their best in one or other way, so as to achieve their common design of conspiracy by abetting themselves and to do any other act, as per the needs of situation warranted with a view to achieve their common design of such conspiracy, and did the said act with such knowledge, as aforesaid, resulting in the collapse of 11 storeyed building on 28.06.2014, at about 17.00 hours, during the rain, causing the death of 61 persons, who were trapped in the debris of the collapsed building, besides causing injuries to 27 employees, and thereby, A1, the abovesaid Company, represented by