Arunkumar @ Santhana Arun v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty First day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17708 of 2021 ARUN KUMAR @ SANTHANA ARUN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE,(TEAM-30), CYBER CRIME CELL, CENTRAL CRIME BRANCH-I, CHENNAI (CRIME NO.358/2019) For Petitioner : M/S.M.SATHISH KUMAR Advocate For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 409 and 420 of IPC in Cr.No.358 of 2019, on the file of the respondent police seeks anticipatory bail. 2.
The case of the prosecution is that the petitioner along with other accused persons were running an On-line financial transaction business under the name and style of M/s.OBOTAP E SOLUTIONS PVT LTD. One of the employee of the said company/A4 approached the de-facto complainant and induced him to use the offers and facilities offered by the company by using the on-line wallet facility for E-Recharge, Fund Transfer and other transaction process. Being convinced by the words of the accused person/employee of the said company, the defacto complainant deposited a sum of Rs.7,80,000/-. Thereafter, the wallet was locked and the de-facto complainnat could neither use the amount nor withdraw the amount. Hence this complaint. 3.
CEO and the petitioner has been falsely implicated in this case. He further submitted that the company management informed the employees that due to COVID-19 Pandemic situation the company will be closed till normal situation arises. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) submitted that initially the FIR was registered by the Inspector of Police, J-9, Duraipakkam Police Station, Chennai and under the direction of the Learned Judicial Magistrate, Alandur in a petition filed by the Defacto complainant under the provisions of section 156(3) of Cr.P.C. and thereafter the case was transferred to the respondent police for further enquiry. He further submitted that the petitioner along with other accused persons induced the de-facto complainant and other victims to invest in their company and all of a sudden, the said company was closed and they have cheated a huge sum of money. Hence, he strongly opposed to grant anticipatory bail to the petitioner. He further submitted that the respondent police has so far identified 26 victims and the amount deposited by each victim are given below.
5. On instructions, Learned counsel for petitioner submits that the petitioner will deposit the amount as shown by the learned Government Advocate (Crl.Side) in the tabulated statement filed before this Court.
Cr.No: 358/2019 u/s 409, 420 IPC, Victims details J.Jayapradap, S/o. Jayagopal, No:6, Gandhi 1st Cross Street, Sholinganallur, Chennai-119.
7,80,000 18.01.2019 D.Thirunavukarasu, No:5/2, South Mada Vethi, Thirunirmalai, Chennai-44.
34,569 29.11.2018 S.Rajkumar, S/o. Soundarrajan, No:25, Anna Nagar 1st Street, Burma Colony, Madhavaram, Chennai-60.
No:225, Bazzar Street Michur, Thiruvallur.
2,16,130 30.11.2018
A.Samuvel, Blessing Money Transfer, Annur-641653 9994536114 47,927 08.02.2019 S.Kannan, No:2/378, Ayyammal Complex, Sittipalayam Road, Mallumicham Patti, Kovai-641050 9965910003 1,11,014 17.12.2018 R.Kokila RK Agencies, No:6/32F, PNR Complex, Pappampatti (Post), Kovai-641016 9600096576 30,58,857 2018 December K.Vilvanathan, No:145, C Bock, Jeevaratinam Nagar, Kasimedu, Chennai-13.
5,28,423 13.01.2019 M.Dhayalan, S/o.M.Mani, No:112, Sri Rangan New Tower, Chennai-57.
1,12,000 24.01.2019 K.M.Senthilkumar C/o.SelCorner, No:1, Annanur Road, Karumathampatti, Kovai-641659 9840033470 8,39,669 06.02.2019 K.SathishKumar, S/o.Karnan, No:1A, 11th Main Road, Thiruvallur Nagar, Kodungaiyur, Chennai-118.
9884466300 8,50,000 07.02.2019
N.Kamalesh S/o. Norathmal Jain, Sri Enterprizes, No:87, Sadasivam Road, Kattankulathur, Kancheepuram-603203.
9941187273 4,62,220 07.02.2019 S.Nithya, Eway Tours and Travels, No:9D, Vishnu Nagar, (Priya Hostel Opposite), GN Mills Stop, Kovai-641029.
9944611001 , 9994611002 3,99,857 22.02.2019 N.Thirugananasampath Cell Corner, No:3/4, Kadai Veethi, Kalampatti-641048.
9842206354 1,63,497 22.02.2019 Sheik Khajavali M/43, S/o.Shaik Mahaboob Sahib, No:5, Issac Street, Park Town, Chennai-3 8072149233 , 8056184284 69,771 07.02.2019 Ramesh, S/o. Ramachandran, Dhanam Distributions, No:153A, MGR Nagar, Oddiputhur, Kovai-641016 9994355545 , 8248950647 3,44,178 07.02.2019 R.Baskar M/32, S/o.P.Rajendran, No:18, By Pass Road, Bala Krishnapuram, Gummidipoondi-601201, Thiruvallur District.
9025119988 , 9894978505 1,88,206 2019 January
R.Pursothamman M/45, S/o.Ramasamy, VRA Complex, GST Road, Padalam X Road, Maduranthagam Taluk, Kancheepuram.
9445169610 46,933 08.01.2019 Raghul, Google World Net Café, No:1/228, Siruvani Main Road, Madhampatti, Coimbatore-641010.
9944772557 , 6381910105 4,37,472 08.02.2019 Kuppuraj, M/39, S/o.Mani, No:9/5, SIvagami Nagar, New Washermenpet, Chennai-81.
8124078906 1,09,003 29.01.2019 Parasakthi F/33, W/o.Murugesan, No:183, Secretariat Colony, Thuvancherry, Chennai-126.
9176883734 4,97,322 28.12.2019 Soosai M/39, S/o.Subramani, Plot.No.66, New No.13 Jeevan Nagar 1st Street, Adambakkam, Chennai-88 9840633480 4,79,195 02.02.2019 Hyder Ali M/51, S/o.Sulthan, No.119/59, Prakasham Salai, Broadway, Chennai-108.
9043183131 2,04,615 28.01.2019
G.Sathish Kumar M/46, S/o.Gopalakrishnan, No:C1/7, Jayabhrath Apartment, 6th Main Road, Mogappair East, Chennai-37.
9884491650 45,396 01.02.2019 A.Selvakumar M/27, S/o.S.Alagesan, No:29/2, West Saidapet, West Jones Road, Chennai-15 9840552209 1,15,111 01.02.2019 Balaji M/32, S/o.Elayaperumal, No:49, Singavelar Street, Kasthuribai Nagar, West Tambaram, Chennai-45.
1,09,0030 23.02.2019 Total 1,02,50,368
5. Considering the facts and circumstances of the case and since the petitioner himself has come forward to deposit the entire amount, this court is inclined to grant anticipatory bail to the petitioner. However, as requested, four weeks time is granted to the petitioner for depositing the amount before the trial court and on such deposit the trial court shall disburse the said amount to the above victims under necessary acknowledgement and after due verification of the deposit receipt that is submitted by them.
6.Accordingly, the petitioner is granted anticipatory bail and they is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) the petitioner shall make a non refundable deposit of Rs.1,02,50,368/- (Rupees One Crore Two Lakhs Fifty Thousand Three Hundred and Sixty Eight only) without prejudice to his defence before the trial Court and the the said amount shall be disbursed in favour of the victims. The concerned Magistrate, shall accept the sureties furnished by the petitioners on such deposit being made and proof filed by the petitioners;
(c)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(d)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders; (e)the petitioner shall not tamper with evidence or witness either during investigation or trial; (f)the petitioner shall not abscond either during investigation or trial;
(g)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 21/10/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, ALANDUR 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, TEAM-30, CYBER CRIME CELL, CENTRAL CRIME BRANCH-I, CHENNAI 4 THE DEPUTY COMMISSIONER OF POLICE, CENTRAL CRIME BRANCH-I. CHENNAI.
5 THE ASSISTANT COMMISSIONER OF POLICE, CENTRAL CRIME BRANCH-I, CHENNAI.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.JOEL Advocate on payment of necessary charges SR.NO.11598 CC to M/S.SHAIKH MEHRUNNISA KASIM Advocate on payment of necessary charges SR.NO.11739 CRL OP.17708/2021 Date :21/10/2021 RVR 18/11/2021