Crl.O.P.No.17839 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.07.2025 CORAM THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Crl.O.P.No.17839 of 2025 Elaiyaraja ... Petitioner/A3 Vs State represented by The Inspector of Police, CCD-1 Avadi Police Station. (Crime No.52 of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Crime No.52 of 2025 on the file of the respondent police. For petitioner : Mr.G.S.Dhanalakshmi For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17839 of 2025 ORDER The petitioner, who was arrested and remanded to judicial custody on 07.05.2025 for the offences punishable under Sections 318(4) and 111(3) of BNS, 2023 r/w Section 66-D of the Information Technology (Amendment) Act in Crime No.52 of 2025, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused induced the de-facto complainant to invest in on-line trading. The de- facto complainant invested to the tune of 1,04,40,265/-, later when he checked with SEBI it was found that the account was fake one. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner hails from Chidambaram and whenever he comes from Chidambaram, he used to stay along with A1’s room. On his request he gave 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17839 of 2025 some details and for what reason it was asked, the petitioner is not aware and the petitioner has been falsely implicated in this case. Hence, prayed for granting bail to the petitioner. 4.The learned Government Advocate filed his counter submitting that the defacto complainant has received a trading investment message from Sharekhan Trading Ltd through YOUTUBE/Whatsapp and the fraudster Mr.Manoj Joshi guided the victim to invest some amount to do trading in the given Link ref:https://WWW .sharekhan.top/s/JUBKBYdF Platform Name: Mirae Asset Sharekhan, to earn money and the victim believing their words joined the Whatsapp group as a member in "Vip029 Sharekhan Chakra of Wealth" "Vip040 Sharekhan Nift Investor Club". The Victim invested the sum of Rs.1,04,40,265/- after that he came to know that he was cheated by the fraudsters and lodged a complaint on 06.03.2025 before the Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai-54 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17839 of 2025 and a case was registered in Cyber Crime Avadi PS in Crime No.52/2025 under Section 318(4) of the Bharatia Nyaya Sanhita, 2023 and Section 66 D of the Information Technology Act, 2000. The following are the overt act of the petitioner/Accused 3 and his associates:- 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17839 of 2025 5.He further submitted that the petitioner is the main agent, who collected back details and credentials of the victims and others and provided to main accused and conducive for income from on-line trading. In this case, totally a sum of rs.1,04,40,265/- has been cheated but not even a rupee could be secured and all the amounts have been safely discredited by the petitioner and all the accused jointly committed the offence and the petitioner is the main person, who actively involved in the offence. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17839 of 2025 M.NIRMAL KUMAR, J. rsi 6.Considering the nature of offence and the amount cheated to the tune of Rs.1,04,40,265/- and it is a on-line fraud, this Court is not inclined to entertain this petition and the same is dismissed. 08.07.2025 rsi To: 1. The Inspector of Police, CCD-1 Avadi Police Station. 2.The Judicial Magistrate No.I, Poonamallee. 3.The Public Prosecutor, High Court Madras. Crl.O.P.No.17839 of 2025 6/6 https://www.mhc.tn.gov.in/judis