M. Sakthi Ananthan, v. State Represented By
T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest for the alleged offence under Sections 3, r/w. 4 of the Prize Chits & Money Circulation Schemes (Banning) Act 1978 and Sections 3 & 6 r/w. 21(2) of the BUDS Act, 2019 Crime No.9 of 2024, on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that one Muthu, Sub Inspector of Police lodged a complaint before the respondent stating that false advertisement telecast by Myv3Ads Md forum channel through MYV3ADS-APP in YouTube channel. The said App advertised that, if the customer watch the advertisement, they can earn a sum of Rs.5 to 1,800/- per day and they were further advertised that the different amount can be earned based on the different memberships. Further in addition to that, if the existing member introduces the other new member, they can get promotional income and special rewards and for the payment they will provide Ayurvedic capsules to the customers. Hence the complaint. 1/6
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that petitioner is having valid license to sell the drugs and in fact he is having authorised license to Manufacture for Sale Ayurvedic, Siddha or Unani Drugs, which is issued by Government of Puducherry, according to that, he gave advertisement in the YouTube channel. Hence, he prays for grant of anticipatory bail. 4.The learned Government Advocate (Crl.Side) submitted that on the complaint of Tr.Muthu, Sub-Inspector of Police, Cyber Crime Police Station Coimbatore City against the Company MYV3ADS and its Directors before the CCB, Coimbatore City and as such a case was registerd in CCB Cr.No.03/2024 on 19.01.2024.
The learned counsel further submitted that as per the Proceedings of DGP, HoPF, Chennai Tamil Nadu in RC.No.6849616/Crime 3(1)/2024 Dated: 09.03.2024 the case was transferred to EOW, Hqrts, Chennai. Further, as per the order of ADGP, Economic offences wing, Chennai in RC. No.C2/EOW/3335/2024 Dated 27.05.2024. The respondent herein lookup investigation and assigned Economic offences wing, Hqrts, chennai Cr.No.
Act 1978 and Section 3 and 6 r/w 21(2) of the BUDS Act 2019. 4.1. The learned Govt. Adv. further submitted that the investigation by the respondent herein reveals that the complainant was monitoring the Cyber related offences in the internet, he came to know about a Goole play store application (APP) Called MYV3ADS with attractive offers and lucrative and illogical profit, at the same time the Managing Directors and the Directors of the alleged company had supplied Ayurvedic products around 83 items which are not certified products. The App also seems to be enticing the general public to invest money and to become members in various categories. The advertisement posted in the MYV3ADS also seems to allure the investors with extra ordinary good returns.
The App does not provide any proper explanation about the schemes and source of income from which they would Provide with the returns to the investors. In this connection, a case in Coimbatore city CCB Cr.No.03/2024 was registered on 19.01.2024 Chennai Cr.No.09/2024 U/S 3 and 4 of Prize Chits and Money Circulation Schemes (Banning) Act 1978 and Section 3 and 6 r/w 21(2) of the BUDS Act 2019 on 04.06.2024.
4.2. The learned Govt. Adv. Further submitted that initially a 3/6
Company in the name of "V3 Online TV" was registered in ROC by the Directors Vijayaragavan and Muthulakshmi. This TV broadcast its videos everyday morning 05.01 a.m to evening 09.30 pm and they introduced the following schemes. Package Name Package Amount Minimum Basic Ceiling for daily earning Basic Plan Rs.270/- Rs.6/- per day Rs.180/- for 30 days Silber Member (SM) Rs.2,700/- Rs.12/- per day Rs.360/- for 30 days Gold Member (GM) Rs.27,000/- Rs.120/- per day Rs.3,600/- for 30 days Diamond Member (DM) Rs.54,000/- Rs.240/- per day Rs.7,200/- for 30 days Crown Member (CM) Rs.1,08,000/- Rs.480/- per day Rs.14,400 for 30 days 4.3. The learned counsel further submitted that other directors also started several branches in Tamil Nadu and investigation is at initial stage and further respondent receiving several complaints with regards to the case. Hence, he strongly opposed to grant anticipatory bail to the petitioner.
5. Considering the submissions made by the learned Government Advocate (Crl.Side) and also on seeing the facts of the case many depositors were cheated, which needs detailed investigation. Hence, I am not inclined to grant 4/6
anticipatory bail to the petitioner.
Accordingly, this Criminal Original Petition is dismissed. 28.06.2024 dsn Note Issue Order Copy on 01.07.2024.
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T.V.THAMILSELVI, J.
dsn 28.06.2024 6/6