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2026 DAILYLAW 63449 (MAD)

AZHAR v. The State rep by the Inspector of Police

CRL OP/184/2026 · 2026-01-08

K Rajasekar

Transfer Petitionbody2026

Judgment text

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CRL OP No. 184 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-01-2026 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 184 of 2026 1. Azhar S/o. Muhammad Ali, No.3/139/3, Alip Manchil, Raviputhukadai, Kattaththurai, Kalkulam, Kanniyakumari District-629158. Petitioner(s) Vs 1. The State rep by the Inspector of Police Cyber Crime Police Station, Ariyalur District. Crime No.17 of 2025. Respondent(s) PRAYER To enlarge the petitioner on bail in Crime No.17 of 2025 on the file of the respondent/Inspector of Police, Cyber Crime Police Station, Ariyalur and pass such other order or orders. For Petitioner(s): S.Saravanan For Respondent(s): Mr.A.Gopinath Government Advocate(Crl. Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 10.12.2025 for the alleged offence under Section 318(4) of BNS, 2023 read with section 66D of the Information Technology Act,2000 in Crime No.17 of https://www.mhc.tn.gov.in/judis CRL OP No. 184 of 2026 2025 on the file of the respondent police, seeks bail. 2. The allegation against the petitioner is that the petitioner was involved in operating the online fake trading agency. The defacto complainant herein was induced by one Swasthika to make investments in the said online trading operated by the petitioner herein and accordingly the defacto complainant has also invested to the extent of Rs.17.50 lakhs. Subsequently when he attempted to get back some portions of the investments it was denied and thereafter, he came to know about the cheating effected by the persons who are operating the online trading app. Hence the complaint was lodged and the petitioner was arrested. 3. The learned counsel appearing for the petitioner submitted that the defacto complainant is making allegations that he invested only on the instigation of Swastika and not on the instigation of the any of the accused herein more particularly the petitioner herein. Hence, he prays to grant bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and submitted that though the defacto complainant was induced by one Swastika to make online trading investments, the investment app was operated by this petitioner along with other https://www.mhc.tn.gov.in/judis CRL OP No. 184 of 2026 accused and they are the one who received the money and they have cheated the defacto complainant. Hence, the petitioner has been arrested, and the investigation is pending and he has also made a specific admission that he has collected the money through the online app. Hence, he opposed to grant bail to the him. 5. Considering the nature of the allegations and the fact that the petitioner is the one who operated the online trading app and he has collected huge amount as investments and subsequently misappropriated the same, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 08-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.The State rep by the Inspector of Police Cyber Crime Police Station, Ariyalur District. Crime No.17 of 2025. 2.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 184 of 2026 K.RAJASEKAR J. mpa CRL OP No. 184 of 2026 08-01-2026 https://www.mhc.tn.gov.in/judis