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Madras High CourtCRL OP(MD)/5900/2023dismissed

Manoj Prabakar v. The Inspector Of Police

2023-03-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.5900 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5900 of 2023 Manoj Prabakar ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Cyber Crime Police Station, Sivagangai, Crime No.10 of 2023.

... Respondent/Complainant For Petitioner : M/s.Rameshkumar D, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.10 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner /A2 who was arrested and remanded to judicial custody on 03.03.2023 for the offences under sections 420 of IPC r/w. 66D of I.T.Act @ sections 420,120(b),468,471, of IPC r/w.Section 66 (D) of I.T.Act and sections 20,21,25 of Telegraph Act in Crime No.10 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution as per the de-facto complainant is that the petitioner who is working as a Area Manager in Reliance Jio Company at Coimbatore and the Accused 1 and 2 had approached the salesman of the above said company and said to have purchased 22000 sim cards by using fake identity proof, hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is only an area Manager and he has nothing to do with the alleged crime committed by the other accused persons. He would further submit that A1 and A2 were released on bail, hence he seeks bail.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.5900 of 2023

4. Heard both sides and perused the materials available on record including the First Information Report.

5. There are totally 25 accused in this case and the petitioner herein is arrayed as A21. During investigation it was found that more than 20,000 sim cards along with 23 Sim boxes and other digital software has been recovered by Cyber Crime Police Station, Sivagangai. Further recovery and detection made by Tamil Nadu Police may have national impact and it is necessary to explore in context with large number of complaints registered on National Cyber Crime Reporting Portal's and FIRs lodged in the different States/UTs. Further the defacto complaiant received SMS from 9360393461 stating that his HDFC was going to be blocked and insisted to update PAN card.

Thereafter the victim using link provided his bank credentials including user name,password , several OTPs received to mobile has been entered in the fake site due to which in a single transaction an amount of Rs.99,887/- has been stolen from the victim, likewise from so many other victims they have stolen huge money. At this stage if the petitioner is released bail he will indulge in similar type of offence and he will tamper the witnesses and hamper the investigation. Further the persons who were released on bail are none other then employees of A1 whereas the petitioner herein is a Area Manager and he had only provided 22000 bogus aadhar card, therefore this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 30/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE OFFICER INCHARGE, DISTRICT PRISON, SIVAGANGAI DISTRICT. 2 THE INSPECTOR OF POLICE, CYBER CRIME POLICE STATION, SIVAGANGAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.5900 of 2023 Date :30/03/2023 RS/MMS/SAR-2(05.04.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2