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Madras High CourtCRL OP/5614/2020dismissed

P.Kanthasamy v. State Represented By

2020-04-155 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN P.Kanthasamy Petitioner Vs.

State by Inspector of Police, Central Crime Branch - I, Chennai.

Respondent Prayer:- This Criminal Original Petition is filed, under Section 439 of Cr.PC, seeking bail, in connection with Cr.No. 361 of 2019, on the file of the Respondent Police.

For Petitioner :

Mr.R.Venkatanathan For Respondent :

Mr.C.Iyyapparaj, APP

ORDER

This Criminal Original Petition has been filed seeking bail, in connection with Cr.No. 361 of 2019, on the file of the Respondent Police.

2. The petitioner seeks bail in respect of Crime No.361 of 2019 registered against him under Section 120B, r/w 420 IPC 43, 66(c) & (d) of 1/5

Information Technology Act. A perusal of the First Information Report reveals that it is an online fraud and so far the quantum of money involved in this fraud is about 11 crores. The petitioner has opened accounts in various banks in the name of different persons and by using the OTP obtained from gullible individuals he has withdrawn monies to the tune of 1,91,00,000/- from different accounts. It is also seen that the petitioner in the bank accounts of the petitioner's wife, brother, brother's wife and other relatives have been credited with the amounts that have been withdrawn. The learned Additional Public Prosecutor would submit that the enlargement of the petitioner on bail would seriously hampered the investigation and it is a fraud using Information Technology.

3. Considering the overall circumstances and the fact that the petitioner has played an active role in the entire fraud, I do not think it will be safe to enlarge the petitioner on bail in the present circumstances. Hence, this bail petition is dismissed.

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To:

1. The Inspector of Police, Central Crime Branch - I, Chennai.

2. The Special Court for CCB & CBCID Cases, Egmore, Chennai.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, Madras High Court 3/5

R.SUBRAMANIAN, J.

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