High Court · 2025

CRL OP(MD). Nos.22181 & 22417 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 03/01/2025PRESENTThe HONOURABLE MR. JUSTICE N.ANAND VENKATESHCRL OP(MD). Nos.22181 & 22417 of 2024Narayana Manikandan,S/o. Palraj,3/382,Muthuramalingapuram,Padanthal,Sattur Taluk,Virudhunagar District. ... Petitioner/Accused No.3in Crl.O.P.(MD).No.22181 of 2024Veeramani @ Veeramanikandan,S/o. Manokaran,No.2/1201, Devanagar,Viswanatham,Sivakasi,Virudhunagar District. ... Petitioner/Accused No.1in Crl.O.P.(MD).No.22417 of 2024 VsThe State of Tamil Nadu,,Rep. by the Inspector of Police,CBCID Police Station,Thoothukudi District.(Crime No. 02 of 2024). ... Respondent/Complainantin both petitions1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.22181 & 22417 of 2024 For Petitioner : Mr.R.Shenbagaraj, Advocate in Crl.O.P.(MD).No.22181 of 2024 For Petitioner : Mr.T.Thanga Mani, Advocate in Crl.O.P.(MD).No.22417 of 2024 For Respondent : Mr.S.Ravi, Additional Public Prosecutor (In both petitions) PETITIONS FOR BAIL Under Sec.483 of BNSSCOMMON PRAYER :- For Bail in Crime No. 2 of 2024 on the file of the respondent police.COMMON ORDER : The Court made the following common order :- The petitioners / Accused Nos.3 and 1, who were arrested and remanded tojudicial custody on 05.12.2024 and 29.11.2024 respectively for the offences underSections 120B, 368, 371, 374, 420 of IPC in Crime No.02 of 2024, on the file of therespondent Police, seek bail.2. The case of the prosecution is that Accused No.3 is the maternal uncle of thedefacto complainant. He informed the defacto complainant that employmentopportunities are available in Laos and on that pretext, Accused Nos.1 and 3 are saidto have collected a total sum of Rs.2,00,000/- from the defacto complainant. Afterarrangements were made, the defacto complainant travelled to Laos and arrived at2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.22181 & 22417 of 2024Laos on 28.05.2024. There, he met Accused No.2 and Accused No.2 made the defactocomplainant work in a Cyber Scam Company. The defacto complainant on realizingthat he has been caught in that cyber scam, wanted to come back and his passportwas withheld. Ultimately, he approached the immigration authorities, who retrievedthe passport and he returned back to India on 09.10.2024. He gave a complaint andbased on which, Accused Nos.1 and 3 were arrested. 3. When the matter came up for hearing on 19.12.2024, this Court directed therespondent Police to file a status report, since this case involved a new brand ofcrime, which is now called as 'Cyber Slavery'. In this crime, the innocent victims arepromised with jobs abroad and when they reach the concerned country, theirpassports are withheld and they are made to work in cyber scam companies wherethey are expected to befriend the customers across the world and gain theirconfidence and make them invest money, which is ultimately misappropriated. 4. Pursuant to the above order, a status report has been filed by the respondentPolice. It is seen that the Director General of Police has issued a memo dated12.06.2024 to the CBCID to investigate on the report received from the Indian CyberCrime Co-ordination Centre which has highlighted that a total of 39,735 IndianNationals are involved in such Cyber Slavery, out of which, 1285 persons belong toTamil Nadu. These persons travelled to countries like Thailand, Vietnam and3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.22181 & 22417 of 2024Cambodia on visitor visa and later, overstayed in those places and their passports arealso withheld and they are forced to indulge in cyber scam. This is a new brand ofcrime which has now come to surface and therefore, the investigation agency istaking all steps to understand the modus operandi to take preventive measures andtake action against those persons, who are involved in the same. In the status report,it is stated that Accused No.2 is presently in Laos and he is not able to be secured tilldate. That apart, the petitioners have also not disclosed the bank account details andthe account details through which they had sent the money to Accused No.2 at Laos. 5. Heard the learned counsel appearing for the petitioners and the learnedGovernment Advocate (Criminal Side) appearing for the respondent Police.6. Taking into consideration the facts and circumstances of the case andconsidering the nature of crime and also taking note of the fact that Accused No.1 hassuffered incarceration from 29.11.2024 and Accused No.3 has suffered incarcerationfrom 05.12.2024 and they have already been taken on Police custody and for thepresent, there are no previous cases against the petitioners, this Court is inclined togrant bail to the petitioners subject to the following conditions.7. Accordingly, the petitioner / Accused No.3 in Crl.O.P.(MD).No.22181 of 2024is ordered to be released on bail on executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.22181 & 22417 of 2024of the learned Principal Sessions Judge, Thoothukudi and the petitioner / AccusedNo.1 in Crl.O.P.(MD).No.22417 of 2024 is ordered to be released on bail on executinga bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, eachfor a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kovilpatti,Thoothukudi District and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar card or Bank passBook to ensure their identity. [b] the petitioners shall report before the respondent Police daily at 10.30 a.m.until further orders.[c] the petitioners shall not tamper with evidence or witness either duringinvestigation or trial. [d] the petitioners shall not abscond either during investigation or trial.[e] On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the petitioners in accordance withlaw as if the conditions have been imposed and the petitioners released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.22181 & 22417 of 2024[f] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 of BNS, 2023. sd/- 03/01/2025 / TRUE COPY / 03/01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1 THE PRINCIPAL SESSIONS JUDGE,THOOTHUKUDI.2 THE JUDICIAL MAGISTRATE NO.I,KOVILPATTI, THOOTHUKUDI DISTRICT.3 DO THROUGH THE CHIEF JUDICIALMAGISTRATE, THOOTHUKUDI DISTRICT.4 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.5 THE OFFICER INCHARGE,SUB JAIL, KOVILPATTI, THOOTHUKUDI DISTRICT.6 THE INSPECTOR OF POLICE,CBCID POLICE STATION,THOOTHUKUDI DISTRICT.7 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to Mr.T.THANGAMANI, Advocate SR.No.62 (I) DT.03/01/20256/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.22181 & 22417 of 2024 ORDER IN CRL OP(MD). Nos.22181 & 22417 of 2024 Date :03/01/2025SA/SAR. /03.01.2025/7P/9CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7