Azhar v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Azhar S/o.Muhammad Ali, No. 3/139/3, Alip Manchil, Raviputhurkadai, Kattaththurai, Kalkulam, Kanniyakumari District- 629 158.

Petitioner(s) Vs

1. The State Rep. by The Inspector of Police Cyber Crime Police Station, Ariyalur District. Crime No. 17/2025.

Respondent(s) PRAYER To enlarge the petitioner on bail in Crime No. 17/2025 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 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. This Court earlier considered the bail petition of the petitioner in Crl.O.P.No.184 of 2026 vide order dated 08.01.2026 and dismissed the same on the following reasons:

"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."

4. The learned counsel appearing for the petitioner submitted that now he is producing the bank account of the Axis Bank in which there is no transaction as alleged by the de facto complainant. He further submitted that without his knowledge, the bank account has been handled by some other person and in this regard he has also lodged a complaint. Hence, he prayed for grant of bail to the petitioner.

5. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the money was transacted in the petitioner's Gramma Bank and it is not transacted in the Axis bank and further the petitioner is actively participated in this case and the investigation is pending. Hence, he opposed the grant of bail to the petitioner.

6. Considering the nature of the allegations and the fact that so far no amount is recovered and the petitioner is also actively participated in running the Trading app as observed in the earlier paragraph, this Court is not inclined to reconsider the earlier order. Accordingly, this Criminal Original Petition is dismissed.

03-02-2026 Mpa Index:Yes/No Speaking/Non-speaking order

To 1.The State Rep. by The Inspector of Police Cyber Crime Police Station, Ariyalur District. Crime No. 17/2025.

2.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR J.

mpa CRL OP No. 2383 of 03-02-2026