← Library
Madras High CourtCRL OP/6065/2025dismissed

Antony @ Antony v. The State Rep By Inspector Of Police

2025-07-11Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-07-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Antony @ Antony Petitioner(s) Vs The State Rep By Inspector Of Police District Crime Branch (DCB) Dharmapuri, Dharmapuri Crime/no.

01/2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS Act 2023 to enlarge the petitioner accused in the above case in Crime.no. 01/2025 on the file of the respondent.

For Petitioner(s):

Mr.N. Manoharan For Respondent(s):

M/s.R. Vinothraja GA (Crl. Side) Mr.C.Rajakumar For Intervener Mr.L.Sriram For Intervener Mr.M.Jaisingh For Intervener Mr.J.Pradeep For Intervener

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 01.02.2025, seeking bail in Crime No.01 of 2025 registered for the offence under Sections 406, 420 of IPC.

2. The case of the prosecution is that the petitioner had induced the defacto complainant and others to invest in an onlince trading business from January 2022 and that believing the representation of the petitioner, the defacto complainant and others invested money on the promise of high returns, and that the petitioner received a total sum of Rs.12 crores from all the victims and thereafter, cheated. Hence, the complaint.

3. The learned senior counsel appearing for the petitioner submitted that the investors were aware of the risks involved in the investment; that it was a continuous transaction; and that there was no deception at the inception that the petitioner had returned a portion of the money received as investment that it is

only because of loss sustained by the petitioner the victims could not be settled due and the petitioner had not committed cheating. Hence, the learned senior counsel prays for grant of bail to the petitioner.

4. The learned counsel for the intervenors raised strong objections stating that the petitioner and his co-accused systematically defrauded more than 155 victims and the invernors have personally suffered substantial financial losses as a result of this large scale scam.

5. The learned Government Advocate (Crl.Side) appearing for the respondent police filed a status report and submitted that the respondent poice had examined 115 depositors/victims, revealing that the petitioner, along with other accused, collected a substantial amount of Rs.12,29,82,033/- and failed to repay the same. During the investigation, 47 complaints were received against the petitioner and the other accused, and 43 complaints were already examined by the DCB, Dharmapuri. It was further revealed that the accused utilized more than 200 accounts/UPI Ids of third parties to collect deposits with the intention

of cheating the public. The learned Government Advocate (Crl.Side) pointed out that the petitioner had suppressed several material facts before this Court when he obtained interim bail for twelve weeks in Crl.O.P.No.6065 of 2025 on 17.03.2025, by expressing his willingness to settle the amount with the victims, subject to certain conditions. However, the petitioner failed to comply with the same. In the light of these circumstances, the learned Government Advocate (Crl Side) strongly opposed the grant of bail to the petitioner.

6. Heard the learned counsel for the petitioner, the learned counsel for the intervenor and the learned Government Advocate (Crl.Side) and perused the records.

7. In view of the petitioner's violation of the conditional order passed by this Court, the current stage of investigation, the substantial amount involved in the alleged offence, the specific allegations levelled against the petitioner, and the risk of the petitioner tampering with evidence, influencing witnesses, or obstructing the investigation, this Court is not inclined to grant the relief sought

for by the petitioner and the petitioner is hereby directed to surrender before the Inspector of Police, EOW, Dharmapuri and the investigating officer shall ensure the petitioner's surrender.

8. Accordingly, this Criminal Original Petition stands dismissed 11-07-2025 (1⁄2) jai To 1.The Inspector Of Police District Crime Branch (DCB) Dharmapuri, Dharmapuri.

2. The Judicial Magistrate No.II Court, Dharmapuri.

3. The District Jail, Dharmapuri.

4. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

jai CRL OP No. 6065 of 11-07-2025 (1⁄2)