Dharmraj Saini v. The State Rep By The State Cyber Crime Investigation Centre

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Dharmaraj Saini ... Petitioner/ Accused Vs.

State rep. by The State Cyber Crime Investigation Centre, Cyber Crime Wing, Ashok Nagar, Chennai - 600 083.

Crime No.05 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.05 of 2025 on the file of the respondent police. For Petitioner :

M/s.N.Devi For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 09.04.2025 for the offence punishable under Sections 318(4), 319(2) of BNS, 2023 and Section 66D of the Information Technology Act, 2008 on the file of the respondent police seeks bail.

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2. The case of the prosecution is that the defacto complainant was working as a Deputy General Manager for the Company Pioneer Jellice India Pvt Ltd and he looks after the financial operation of the company by name Pioneer Jellic India Pvt ltd and the allegation that on 07.01.2025, the petitioner impersonating himself as Managing Director had instructed the defacto complainant to the tune of Rs.2,90,00,000/- accordingly defacto complainant transferred the same in the name of JK Trading and thereafter, it came to light that no such whatsapp was emanated from the Managing Director. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that, petitioner is ready to abide by any stringent condition that may be imposed by this Court. He further submitted that, in this case, A1 has been granted statutory bail by the Lower Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for grant of bail to the petitioner. He further submitted that, the investigation is at ongoing stage and further the petitioner hails from Rajasthan 2/4

and if he is released on bail, he may abscond and the investigation will be stalled.

5. Considering the magnitude of the amount involved in this case, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. As regards the fact that the bail was granted to the co-accused, it is a statutory bail and if the petitioner is entitled for statutory bail, he is at liberty to avail it. It is made clear that this dismissal order would not affect the right of statutory bail, if the petitioner is entitled.

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M.NIRMAL KUMAR, J.

sma To 1.The State Cyber Crime Investigation Centre, Cyber Crime Wing, Ashok Nagar, Chennai - 600 083.

2. The Public Prosecutor, High Court of Madras.

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