Sivakumar v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR SIVAKUMAR Petitioner(s) Vs The State represented by Inspector of Police, Cyber Crime, CCD-1, Delta II, Veperry, Chennai.

Crime No.45 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime no 45 of 2025 on the file of the respondent police pending investigation. For Petitioner(s):

N.Stalin For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.10.2025, for the offences punishable under Sections 316(2), 318(4), 319(2), 336(3), 338 of BNSS and 66 D of Information Technology Act, in Crime No.45 of 2025, registered on the file of the respondent, seeks bail.

2.The allegation against the petitioner/A3 is that the petitioner, joining hands with other accused, collected a sum of Rs.2,49,04,217/- after inducing the defacto complainant to invest in online trading and subsequently cheated the defacto complainant. It is further alleged that the petitioner alone has collected a sum of Rs.55 lakhs through his wife's account. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner has not collected any money from any of the victims and that the money said to have been collected through his wife's account was also returned back to A1 for the purpose of investment in online trading. Due to the loss suffered, a false complaint has been lodged against the petitioner. Hence, he prayed for the grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) for the respondent reported that totally three accused are involved in this case and the petitioner is ranked as A3. He is also actively involved, and by using the bank account of the his wife, collected a sum of Rs.55 lakhs, and so far no amount has been recovered. Hence, he opposed for the grant of bail to the petitioner. 5.I have considered the submissions on both sides and perused the records. This Court after considering the merits, earlier dismissed the bail

application of the petitioner on 12.11.2025 in Crl.OP No.30906 of 2025, and immediately the present bail petition has been filed on 17.11.2025 without any change in circumstances. Further, considering the complicity in conducting investigation in this case and also the fact that the petitioner alone has collected a huge sum of Rs.55 lakhs, I am not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition stands dismissed. 03-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State represented by Inspector of Police, Cyber Crime, CCD-1, Delta II, Veperry, Chennai.

Crime No.45 of 2025 2.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 33103 of 03-12-2025