High Court · 2025

CRL OP Nos. 28648, 28228 & 27818 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 03-11-2025CORAMTHE HONOURABLE MR.JUSTICE K.RAJASEKARCRL OP Nos. 28648, 28228 & 27818 of 20251.UKKIRAVELS/o.Ramalingam, Keezhakollai Village, Panruti Taluk, Cuddalore DistrictPetitioner in Crl.O.P.No.28648 of 20251.KalaiselvanS/o.Velmurugan, No.18,B, Cuddlore Main Road Puthukuraipettai Cuddlore Tamil Nadu 606003.Petitioner in Crl.O.P.No.28228 of 20251. ArunkumarRavichandiran, No. 938/1, Kattugudalur Post, Semmankuppam, Cuddalore District.Petitioner in Crl.O.P.No.27818 of 2025VsState rep by the Inspector of PoliceMuthandikuppam Police station, Cuddalore District Cr.No.174 of 2025Respondent(s) in all Crl.O.P.sPRAYER in Crl.O.P.No.28648 of 2025: To enlarge the petitioner on bail in connection with Crime No.174 of 2025 on the file of the respondent police. https://www.mhc.tn.gov.in/judis CRL OP Nos. 28648, 28228 & 27818 of 2025PRAYER in Crl.O.P.Nos.28228 & 27818 of 2025: To enlarge the petitioner on bail in the event of his arrest concern in Crime No.174 of 2025 on the file of the Muthandikuppam Police Station, Cuddalore. On such terms and conditions as this Hon'ble Court may deem fit and proper.For Petitioner(s): in Crl.O.P.No.28648/2025Mr.G.BalajiFor Petitioner(s):in Crl.O.P.No.28228 of 2025Mr.S.MohanrajFor Petitioner(s):in Crl.O.P.No.27818/2025Mr.V.C.Janardhanan forMr.Prabakaran .CFor Respondent(s): in all Crl.O.Ps.Mr.A.GopinathGovernment Advocate(Crl.Side)COMMON ORDERThe petitioner in Crl.O.P.No.28648 of 2025, who was arrested and remanded to judicial custody on 13.09.2025, for the alleged offence punishable under Sections 111(4), 303(2), 316(2), 316(5), 318(4), 338, 340(2), 61(2) of BNS, 2023, read with sections 43, 43(A), 66(C) and 66(D) of the Information Technology Act, 2000, in Crime No.174 of 2025, on the file of the respondent police, seeks bail.2.The petitioners in Crl.O.P.Nos.28228 & 27818 of 2025, apprehend arrest for the alleged offence under Sections 111(4), 303(2), 316(2), 316(5), https://www.mhc.tn.gov.in/judis CRL OP Nos. 28648, 28228 & 27818 of 2025318(4), 338, 340(2), 61(2) of BNS, 2023, read with sections 43, 43(A), 66(C) and 66(D) of the Information Technology Act, 2000, in Crime No.174 of 2025, on the file of the respondent police, seeks anticipatory bail.3. The case of the prosecution is that while investigating a petition in CSR.No.944 of 2025, dated 11.09.2025, a statement was recorded from one Ashok Kumar, revealing several facts related to the misuse of accounts of various persons involved in online trading. 20 individuals were named for their involvement in this online scam, and diversion funds from pesons dealing with online trading without their knowledge. A separate complaint was registerd, and the investigation has proceeded. So far, A3 to A5 have been arrested and the investigation has revealed that all the petitioners were involved in transferring dunds from one account to another for the purpose of siphoning off money from various investors, amounting to Rs.2.49 crores. 4. Learned counsel appearing for the petitioner/A2 in Crl.O.P.No.27818 of 2025 submitted that the police registered a suo motu complaint, and so far , no individual investor in online trading has come forward to lodge a complaint against these petitioners. He further submitted that it is alleged that some of the https://www.mhc.tn.gov.in/judis CRL OP Nos. 28648, 28228 & 27818 of 2025petitioners accessed online trading accounts of dead persons and took away money, which was shared among themselves. However, the counsel argued that the allegation itself is not valid since the online trading was carried out by individuals, and if any money was swindled, they would have lodged a complaint immediately. Since no complaint has been lodged, it is a false complaint. Hence, he prayed for grant anticipatory bail.5. The other counsel appearing for petitioners/A1 & A5 also made similar submissions and prayed grant of anticipatory bail and bail respectively.6. Learned Government Advocate (Crl.Side) appearing for the respondent police reported that the investigation in this case is pending and so far, they have identified 7 persons' accounts and recovered sum of Rs.49 lakhs. He further submitted that various bank accounts have been utilized for transferring funds from one Zerodha fake online trading account. Hence, he opposed for grant of bail and anticipatory bail to the petitioners. 7. Heard both sides and perused the materials available on record including the First Information Report. https://www.mhc.tn.gov.in/judis CRL OP Nos. 28648, 28228 & 27818 of 20258. Considering the fact that some of the amount has already been recovered from arrested accused and the case has been registered based on a suo moto complaint and though so far, no private individual has come forward with allegations that huge amounts have been swindled by the petitioners from the various accounts including dead persons accounts, I am of the view that the custodial interrogation of the petitioners is required in this matter. Hence, I am not inclined to grant anticipatory bail to the petitioners in Crl.O.P.Nos.28228 and 27818 of 2025.9. As far as A5 in Crl.O.P.No.28648 of 2025 is concerned, since he was arrested on 13.09.2025 and has been in prison since then, I am inclined to grant bail to the petitioner, subject to certain conditions. 10. Accordingly, the petitioner in Crl.O.P.No.28648 of 2025 is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Panruti, and on further conditions that:- https://www.mhc.tn.gov.in/judis CRL OP Nos. 28648, 28228 & 27818 of 2025[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.[c] the petitioner shall not abscond either during investigation or trial;[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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)AIR SCW 5560]; https://www.mhc.tn.gov.in/judis CRL OP Nos. 28648, 28228 & 27818 of 2025[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.03-11-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NompaNote: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 thisCourt will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP Nos. 28648, 28228 & 27818 of 2025To1.The Judicial Magistrate-I, Panruti.2.State rep by the Inspector of PoliceMuthandikuppam Police station, Cuddalore District Cr.No.174 of 20253.The Superintendent of Police, Central Prison, Cuddalore.4.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP Nos. 28648, 28228 & 27818 of 2025K.RAJASEKAR J.mpaCRL OP Nos. 28648, 28228 & 27818 of 2025 03-11-2025