Imthiaz Shah v. The State Rep By The Inspector Of Police

CRL OP NO. 14408 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP NO. 14408 of 2025 Imthiaz Shah S/o. Mr. Pareedhukunju, Feroz Villa, Kunnalloor, Thrikkovilvattom, Kollam, Kerala 691 576.

Petitioner(s) Vs The State Rep By The Inspector of Police State Cyber Crime Investigation Center, Cyber Crime Wing Hqrs, Ashok Nagar, Chennai District (crime no 48 of 2024) Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.48 of 2024 on the file of the respondent.

For Petitioner(s):

Mr.C.Ravi For Respondent(s):

Mr.L.Baskaran Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.04.2025, for the offence punishable under Section 318 (4) and 319 (2) of BNS, 2023 r/w Section 66 D of Information Technology (Amendment) Act, 2008 in Cr.No.48 of 2024, pending on the file of

the respondent Police, seeks bail.

2.The case of the prosecution is that, it is a case of online fraud. The accused cheated the defacto-complainant to the tune of Rs.2.25 crores in the name of CBI digital custody by Mumbai Police. He was called by the fraudsters through whatsapp video call by name Mumbai Police and informed that he involved in money laundering case and in order to verify the genuinety of the transaction, he asked him to transfer the amount of Rs.2.25 crores. During investigation, it came to light, that out of the total amount, a sum of Rs.1,30,00,000/- was deposited in the account of this petitioner and thereafter transferred to other accounts. His account was involved in 99 complaints. Hence the case. 3.The contention of the learned counsel for the petitioner is that the petitioner is an innocent person and he has been falsely implicated in this case.

The petitioner is in judicial custody from 19.04.2025 and that further custodial interrogation of the petitioner is not required. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police, submitted that the petitioner was previously arrested in Cr.No.

under Section 111 (2) (b), 318 (4), 336 (2), 336 (3), 340 (2) BSA and 66D of I.T Act, by Kannur Cyber Crime Police Station, Kerala. In the said crime, the accused were released on bail and absconded. If the petitioner was released in bail, he may commit further offences and alert the other accused and also destroy the electronic evidence. He also submitted that Bank passbooks, ATM cards, cheque books and mobile numbers linked to the accounts of other accused were seized. Hence, he strongly opposed the grant of bail to the petitioner. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record. 6.Considering the nature of the offence, the submission of learned Government Advocate (Criminal side) and the fact that the investigation is not completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 18-06-2025 ep

CRL OP NO. 14408 of 2025 To

1. The State Rep By The Inspector of Police State Cyber Crime Investigation Center, Cyber Crime Wing Hqrs, Ashok Nagar, Chennai District

(crime no 48 of 2024)