High Court · 2025

Crl.O.P.Nos.17192 & 19610 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON : 16.07.2025PRONOUNCED ON : 05.08.2025CORAMTHE HONOURABLE MR.JUSTICE M.NIRMAL KUMARCrl.O.P.Nos.17192 & 19610 of 2025Crl.O.P.No.17192 of 2025:Ganesan... Petitioner/A1Vs.State rep. by The Inspector of Police,Cyber Crime Branch,Salem City,Salem District.(Crime No.22 of 2025).... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.22 of 2025 on the file of the respondent.For Petitioner :Mr.R.C.Paul Kanagaraj for Mr.W.Camyles GandhiFor Respondent : Mr.R.Vinothraja,Government Advocate (Crl. Side)Page No.1 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 2025Crl.O.P.No.19610 of 2025:1.Muhilan2.Thangamani... Petitioners/A2 & A3Vs.State rep. by The Inspector of Police,Cyber Crime Branch,Salem City,Salem District.(Crime No.22 of 2025).... RespondentPRAYER: Criminal Original Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.22 of 2025 on the file of the respondent Police.For Petitioners:Mr.R.C.Paul Kanagaraj for Mr.W.Camyles GandhiFor Respondent : Mr.R.Vinothraja,Government Advocate (Crl. Side)COMMON ORDERThe petitioners/A2 & A3 who were arrested and remanded to judicial custody on 10.06.2025, for offence punishable under Section 420 IPC and Section 66D of Information Technology (Amendment) Act, 2008 in Page No.2 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 2025connection with Crime No.22 of 2025, on the file of the respondent Police, seek bail. 2.The petitioner/A1 who apprehends arrest at the hands of respondent Police for the offence punishable under Section 420 IPC and Section 66D of Information Technology (Amendment) Act, 2008 in connection with Crime No.22 of 2025, on the file of the respondent Police, seeks anticipatory bail.3.For the sake of convenience and clarity, the petitioners are referred to as accused, as per their rank in the FIR.4.Gist of the case is that defacto complainant was having power loom, on 18.03.2024, his neighbour Jeevanantham contacted over phone and informed that he knows STX crypto currency and deceived the defacto complainant to invest in the same with assurance of 8% profit per month. Further, Jeevanantham called the defacto complainant to his STX office at Seelanaikenpatti. Believing the same, on 18.03.2024, 16.05.2024 & 29.05.2025, the defacto complainant deposited Rs.2,00,000/- on each day, in Page No.3 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 2025total Rs.6,00,000/-. Further, the defacto complainant was assured that he can view the website https://stxprime.live/index.html# to monitor the investment in STX crypto currency. Thereafter, the defacto complainant introduced one Krithika who also gave Rs.2,00,000/- to Jeevanantham. After sometime, the website became inaccessible and finally deleted. When the defacto complainant went to the office of Jeevanantham, the office found closed and he absconded. Hence, a complaint lodged to the respondent Police and FIR in Crime No.22 of 2025 registered for offence under Section 420 IPC and Section 66D of Information Technology (Amendment) Act, 2008.5.The learned counsel for A2 & A3 submitted that A2 & A3 were arrested in this case on 10.06.2025 which is almost a year after complaint. Admitted case of the defacto complainant is that he lodged a complaint on 16.04.2024 but the FIR was registered only on 16.04.2025. In the complaint, it is seen that one Jeevanantham to whom, the defacto complainant had made investment in STX crypto currency and nowhere the name of A2 & A3 mentioned. Added to it, there is no link to show as to Page No.4 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 2025how the money reached A2 & A3. Since A2 & A3 involved in similar case in Crime No.19 of 2025, they are falsely implicated in the above case. Hence, he prayed for bail to A2 & A3.6.As regards A1, the learned counsel submitted that the defacto complainant was deceived and cheated by one Jeevanantham who misused the name of A1. Since A1 involved in two similar cases in Crime Nos.19 & 52 of 2025, he is falsely implicated in this case despite there is no specific overtact against him and there is no passing of money from Jeevanantham to the account of A1. Hence, he prayed for anticipatory bail to A1.7.The learned Government Advocate (Crl. Side) appearing for the respondent Police filed counter and submitted that it is A1 who is the fulcrum in the above case. A1 having tactful understanding with Jeevanantham and others, lured several innocent persons to make investment in crypto currency promising high returns. Further, to project the business as genuine, A1 created fake crypto currency websites in various names projecting as though there was active business in crypto currency, Page No.5 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 2025thereafter, the websites became inaccessible and finally deleted. In that process, A1 and A2 employed others and using their bank accounts, collected huge sums of money from the victims and benefited by these transactions. A2 son of A1 conducted regular zoom meetings, posted false websheets and XLR sheets to make believe it is a genuine business of investment in crypto currency. He further submits that A1 involved in two similar cases in Crime Nos.19 & 52 of 2025 and A2 & A3 involved in one similar case in Crime No.19 of 2025. He further submits that there are certain facts which are in exclusive knowledge of A1 which can be unearthed only during custodial interrogation. Unless A1 is arrested and enquired, the investigation cannot be completed and the cheated and misappropriated money could not be recovered. Hence, he strongly opposed for bail for A2 & A3 and anticipatory bail for A1.8.This Court considered the rival submissions and perused the materials available on record.Page No.6 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 20259.It is seen that defacto complainant was cheated to the tune of Rs.6,00,000/- by A1 to A3 and by one Jeevanantham. In this case, several fake websites created projecting as though it was a genuine business in crypto currency and deceived the defacto complainant to invest. After investment, the said fake websites constantly changed, later became inaccessible and finally deleted.10.It is also seen that in this case, the fulcrum is A1 and his son A2. A2 not only received the money of the victim but also conducted regular zoom meetings, canvassed to the victims giving high projection and also posted web sheets and XLR sheets with false particulars, which turned to be fabricated. In this case, the defacto complainant was cheated to the tune of Rs.6,00,000/-. If A1 & A2 are granted relief of bail, it would be difficult to recover the misappropriated amount and identify other accused. Added to it, A1 has two cases of similar nature in Crime Nos.19 & 52 of 2025 and A2 has one previous case of similar nature in Crime No.19 of 2025.Page No.7 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 202511.In view of the above, this Court is not inclined to grant anticipatory bail to A1 and bail to A2. Accordingly, anticipatory bail filed by A1 in Crl.O.P.No.17192 of 2025 is dismissed and bail filed by A2 in Crl.O.P.No.19610 of 2025 is also dismissed.12.As regards A3 is concerned, she being a lady, her bank account used for transaction. The contention of A3 is that she is only a housewife and not involved in the business of A1 & A2. Except for being a family member, there is no overtact against A3.13.In view of the above, this Court is inclined to grant bail to A3. Accordingly, A3 is ordered to be released on bail on her 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.III, Salem, 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; Page No.8 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 2025[b]A3 shall report before the respondent Police daily at 10.30 a.m., until further orders; [c]A3 shall make herself available for interrogation by a Police Officer as and when required; [d]A3 shall not directly or indirectly cause any threat to the defacto complainant and witnesses; [e]A3 to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, she shall comply to the directions as may be given by the Court in this regard;[f]On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against A3 in accordance with law as if the aforementioned conditions have been imposed and A3 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]; [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. Page No.9 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 202514.Crl.O.P.No.19610 of 2025 is allowed in so far as A3 is concerned.05.08.2025(2/3) Speaking Order/Non Speaking OrderIndex : Yes/NoNeutral Citation: Yes/Novv2Note :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.To1.The Judicial Magistrate No.III, Salem.2.The The Inspector of Police, Cyber Crime Branch, Salem City, Salem District.3.The Central Prison (Special Prison Women), Salem.Page No.10 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 20254.The Public Prosecutor, Madras High Court.Page No.11 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17192 & 19610 of 2025M.NIRMAL KUMAR, J.vv2PRE-DELIVERY COMMON ORDER INCrl.O.P.Nos.17192 & 19610 of 202505.08.2025(2/3) Page No.12 of 12