K.Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Dated: 14/07/2023 THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.12746 of 2023 K.Manikandan : Petitioner/Sole Accused Vs.

The State rep. by The Inspector of Police, Cyber Crime Police, Madurai.

(In Crime No.20 of 2023) : Respondent/Complainant For Petitioner : Mr.V.Kathirvelu Senior Counsel for Mr.T.Palanisamy For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER:- For Bail in Crime No.20 of 2023 on the file of the Respondent Police.

ORDER: The Court made the following order:- The petitioner/sole Accused, who was arrested and remanded to judicial custody, on 12/06/2023 for the

offences punishable under sections 387 IPC and 66(C), 66E, 67(A) of the Information Technology (Amendment) Act 2008, in Crime No.20 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that as per the defacto complainant, his third daughter namely Krishna Priya is studying BA(Tamil) III Year. She was in close friend with Manikandan, who is the petitioner herein. On coming to know about the relationship, reprimand both, that was disconnected. Later, on 07/06/2023 at about 03.00 pm, a call came from mobile No.8122897510, through whatsapp, he asked the de-facto complainant to contact another No.9361102398. Through the mobile phone further enquired was made and that person told that he sent photos, later, her daughter's photograph was sent along with Manikandan. Later, he told him stating that he is having 15 videos of his daughter. An audio call was also sent, which contains ugly conversation. Krishna Priya told him that if the photo is released, she will commit suicide. He demanded Rs.1,00,000/- through Gpay. With the above said allegation, he lodged a complaint.

3.The petitioner was arrested and remanded to judicial custody. Seeking bail, this petition has been filed.

4.The learned Senior counsel appearing for the petitioner by attention of this court, on which this petitioner came to be filed would submit that even as per the conversation, an unknown person calling through whatsapp and this petitioner mobile number is noway involved in the above said whatsapp message.

5.The above said whatsapp message has been collected during the course of investigation. The call details of the above said mobile number has also been sought during the course of investigation, apart from that Bank account detail.

6.During the course of the investigation, one Elakiya, W/o.Prabhakaran was examined. She has stated that she was married to the above said Prabhakaran and her mobile phone number is 9443558098 and her husband mobile phone number is 8122897510 and this number used in the above said crime. She has stated that the amount of Rs.2,00,000/- was credited into her account, G-pay facility is also used by her husband by linking the above said phone. Now the above said Prabhakaran is absconding.

7.Reading of the further investigation particulars shows that this petitioner used the above said Prabhakaran for extracting money. Even though, it has been submitted by the learned Senior counsel, the petitioner's mobile phone is found missing some-time prior to the occurrence. But reading of the CD file shows the involvement of the petitioner. During the course of the investigation, TECNO SPARK Go phone purchased by the petitioner was also recovered. Now the chatting between the petitioner and the above said Prabhakaran has also been found out.

8.Even though, the petitioner is in custody for more than a month, the investigation is not still over. The offence of such nature should not be taken lightly as usual. Considering the seriousness of the offence that has been allegedly committed by the petitioner and considering the fact that enough materials have been collected to connect this petitioner, if the petitioner is released on bail, he will make trouble to the de-facto complainant and the victim and investigation may also be hampered. So, this is not a fittest case to enlarge the petitioner on bail.

9.In the result, this criminal original petition is dismissed.

14/07/2023 Index:Yes/No Internet:Yes/No To, 1.The Inspector of Police, Cyber Crime Police, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.ILANGOVAN, J er Crl.OP(MD)No.12746 of 2023 14/07/2023