Madras High Court
D.Hemand vs The State Of Tamil Nadu on 2 January, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
CRL OP(MD). No.21656 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 02.01.2025
PRESENT
The Hon`ble Mr.Justice N.ANAND VENKATESH
CRL OP(MD). No.21656 of 2024
D.Hemand
...Petitioner/Accused
Vs
The State of Tamil Nadu
Represented by the Inspector of Police,
Cyber Crime Police Station,
Madurai City.
(Crime No.69 of 2024)
... Respondent/Complainant
For Petitioner : Mr.Arun Prakash,
Advocate
For Respondent : Mr.B.Thanga Aravindh,
Government Advocate
(Criminal Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS
Act.
PRAYER :-
For Anticipatory Bail in Crime No. 69 of 2024 on
the file of the respondent police.
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CRL OP(MD). No.21656 of 2024
ORDER :The Court made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 66D of the Information Technology (Amendment) Act, 2008 and Section 420 of IPC, in Crime No.69 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused persons received a total sum of Rs. 31,28,931/- with a promise to send cryptocurrency into her crypto wallet. However, after receiving the amount, the defacto complainant was cheated by the accused persons. There are totally four accused persons in this case and the petitioner has been arrayed as A4.
3. Considering the nature of allegations made in this case, this Court directed the petitioner to appear before the respondent police and give his statement along with all the relevant records. An order to that effect was passed on 10.12.2024. 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.21656 of 2024 Pursuant to this order, the petitioner appeared before the respondent police and his statement was recorded and the relevant documents were also collected. A report has also been filed today by the respondent police on the outcome of the enquiry conducted from the petitioner.
4. The learned counsel for the petitioner submitted that the petitioner (A4) is a victim in this case since, the petitioner is in the business of trading cryptocurrency. Hence, as and when the amount is received by the petitioner, to that extent, the petitioner will send the cryptocurrency to the account of the person who has sent the money. Accordingly, the petitioner had received nearly a sum of Rs.30,00,000/- and cryptocurrency was also sent to the crypto wallet of the defacto complainant for that value. However, A1 to A3 seems to have had access to the crypto wallet of the defacto complainant and they had in turn taken away the cryptocurrency that was sent by the petitioner.
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5. The learned Government Advocate submitted that a total sum of Rs.31,28,931/- was received by the petitioner and whereas what was repaid to the defacto complainant was only a sum of Rs.44,989/-. The learned Government Advocate submitted that A1 to A3 have been arrested in this case. He further submitted that there is one previous case against the petitioner.
6. Heard the learned counsel on either side and perused the material records of the case.
7. Taking into consideration the facts and circumstances of the case and the specific stand that has been taken by the petitioner which is borne out by records and also considering the fact that the petitioner has attended the enquiry before the police and submitted the relevant documents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Madurai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and 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 petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of 6 weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.5/7
https://www.mhc.tn.gov.in/judis CRL OP(MD). No.21656 of 2024 [d] the petitioner 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 petitioner 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. IPC.
(N A V J) 02.01.2025 PKN TO
1. The Judicial Magistrate No.I, Madurai.
2. The Inspector of Police, Cyber Crime Police Station, Madurai City.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.6/7
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PKN
ORDER
IN
CRL OP(MD) No.21656 of 2024
Date : 02.01.2025
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