R.Faizunissa v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR JUSTICE N.SENTHILKUMAR Crl.O.P.No.14567 of 2025 R.Faizunissa .. Petitioner/Accused 6 Vs.

The State rep by The Deputy Superintendent of Police, State Cyber Crime Investigation Centre, Cyber Crime Wing, Ashok Nagar, Chennai.

(Crime No.27 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.27 of 2025 on the file of the respondent Police.

For Petitioner : Mr.M.Sabarinathan For Respondent : Mr.V.J.Priyadarsana Government Advocate(Crl.Side) Page No.1 of 4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.04.2025 for the offences punishable under Section 318(4), 319(2) of BNS, 2023 in Crime No.27 of 2025, seeks bail. 2.The case of the prosecution is that on 26.03.2025, the defacto complainant was approached by one Rakesh Kumar through Whatsapp video call and stated that he is from Delhi Police and threatened that the defacto complainant is connected with a money laundering case worth about Rs.6 million which was done through HDFC bank account on his behalf and operated by Ashok Gupta and their associates; that on investigation, the said Rakesh Kumar connected with Mohit Handa in Whatsapp video call and asked to transfer Rs.29,88,570/- and Rs.28,92,341/- totalling to the tune of Rs.

58,80,911/-; that thereafter they said once the funds are validated by RBI and found to be legitimate, the funds will be returned back to the defacto complainant's account and thus committed the aforesaid offences. 3.The learned counsel for the petitioner would submit that the petitioner was working as an employee in the A1's Company. However, the Page No.

learned Government Advocate would contend that the petitioner along with the other accused have indulged in digital arrest and the allegation is that the petitioner along with the other accused have taken a sum of Rs.58,80,911/-. According to the petitioner, he has received only a sum of Rs.1 lakh.

4.Heard the learned counsels on either side and perused the materials available on record.

5.Taking into consideration the new methodology of committing crime of digital arrest by using the present technology which creates a gripping fear of death and restraining the innocent people from moving away from their place and the fact that the petitioner has used the technology to swindle amount, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. 21.05.2025 ata/ep Page No.3 of 4

N.SENTHILKUMAR, J.

ata/ep To 1.The Deputy Superintendent of Police, State Cyber Crime Investigation Centre, Cyber Crime Wing, Ashok Nagar, Chennai.

2.Central Prison for Women, Puzhal.

3.The XI Metropolitan Magistrate, Saidapet.

4.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.14567 of 2025 21.05.2025 Page No.4 of 4