Narayana Manikandan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Narayana Manikandan, S/o. Palraj, 3/382,Muthuramalingapuram, Padanthal, Sattur Taluk, Virudhunagar District.

... Petitioner/Accused No.3 in Crl.O.P.(MD).No.22181 of 2024 Veeramani @ Veeramanikandan, S/o. Manokaran, No.2/1201, Devanagar, Viswanatham, Sivakasi, Virudhunagar District.

... Petitioner/Accused No.1 in Crl.O.P.(MD).No.22417 of 2024 Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, CBCID Police Station, Thoothukudi District.

(Crime No. 02 of 2024).

... Respondent/Complainant in both petitions 1/7

For Petitioner : Mr.R.Shenbagaraj, Advocate in Crl.O.P.(MD).No.22181 of 2024 For Petitioner : Mr.T.Thanga Mani, Advocate in Crl.O.P.(MD).No.22417 of 2024 For Respondent : Mr.S.Ravi, Additional Public Prosecutor (In both petitions) PETITIONS FOR BAIL Under Sec.483 of BNSS COMMON PRAYER :- For Bail in Crime No. 2 of 2024 on the file of the respondent police. COMMON ORDER : The Court made the following common order :- The petitioners / Accused Nos.3 and 1, who were arrested and remanded to judicial custody on 05.12.2024 and 29.11.2024 respectively for the offences under Sections 120B, 368, 371, 374, 420 of IPC in Crime No.02 of 2024, on the file of the respondent Police, seek bail.

2. The case of the prosecution is that Accused No.3 is the maternal uncle of the defacto complainant. He informed the defacto complainant that employment opportunities are available in Laos and on that pretext, Accused Nos.1 and 3 are said to have collected a total sum of Rs.2,00,000/- from the defacto complainant. After arrangements were made, the defacto complainant travelled to Laos and arrived at 2/7

Laos on 28.05.2024. There, he met Accused No.2 and Accused No.2 made the defacto complainant work in a Cyber Scam Company. The defacto complainant on realizing that he has been caught in that cyber scam, wanted to come back and his passport was withheld. Ultimately, he approached the immigration authorities, who retrieved the passport and he returned back to India on 09.10.2024. He gave a complaint and based on which, Accused Nos.1 and 3 were arrested.

3. When the matter came up for hearing on 19.12.2024, this Court directed the respondent Police to file a status report, since this case involved a new brand of crime, which is now called as 'Cyber Slavery'. In this crime, the innocent victims are promised with jobs abroad and when they reach the concerned country, their passports are withheld and they are made to work in cyber scam companies where they are expected to befriend the customers across the world and gain their confidence and make them invest money, which is ultimately misappropriated.

4. Pursuant to the above order, a status report has been filed by the respondent Police. It is seen that the Director General of Police has issued a memo dated 12.06.2024 to the CBCID to investigate on the report received from the Indian Cyber Crime Co-ordination Centre which has highlighted that a total of 39,735 Indian Nationals are involved in such Cyber Slavery, out of which, 1285 persons belong to Tamil Nadu. These persons travelled to countries like Thailand, Vietnam and 3/7

Cambodia on visitor visa and later, overstayed in those places and their passports are also withheld and they are forced to indulge in cyber scam. This is a new brand of crime which has now come to surface and therefore, the investigation agency is taking all steps to understand the modus operandi to take preventive measures and take action against those persons, who are involved in the same. In the status report, it is stated that Accused No.2 is presently in Laos and he is not able to be secured till date. That apart, the petitioners have also not disclosed the bank account details and the account details through which they had sent the money to Accused No.2 at Laos.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent Police.

6. Taking into consideration the facts and circumstances of the case and considering the nature of crime and also taking note of the fact that Accused No.1 has suffered incarceration from 29.11.2024 and Accused No.3 has suffered incarceration from 05.12.2024 and they have already been taken on Police custody and for the present, there are no previous cases against the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions.

7. Accordingly, the petitioner / Accused No.3 in Crl.O.P.(MD).No.22181 of 2024 is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction 4/7

of the learned Principal Sessions Judge, Thoothukudi and the petitioner / Accused No.1 in Crl.O.P.(MD).No.22417 of 2024 is ordered to be released on bail on executing 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 learned Judicial Magistrate No.I, Kovilpatti, Thoothukudi District and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 5/7

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 03/01/2025 / TRUE COPY / 03/01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE PRINCIPAL SESSIONS JUDGE, THOOTHUKUDI.

2 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI, THOOTHUKUDI DISTRICT.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5 THE OFFICER INCHARGE, SUB JAIL, KOVILPATTI, THOOTHUKUDI DISTRICT.

6 THE INSPECTOR OF POLICE, CBCID POLICE STATION, THOOTHUKUDI DISTRICT.

7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.T.THANGAMANI, Advocate SR.No.62 (I) DT.03/01/2025 6/7

ORDER

IN Date :03/01/2025 SA/SAR. /03.01.2025/7P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7