Facts of the Case

This order concerns criminal bail in a cyber-fraud investigation and has no GST content. The petitioners (accused nos. 22, 23, and 4) were arrested in connection with Crime No. 2 of 2023 registered at the Cyber Crime Police Station, Virudhunagar, for offences under Sections 420 and 465 IPC read with Section 66D of the Information Technology (Amendment) Act, 2008. The investigation revealed that accounts linked to several of the accused, including the petitioners, had received transactions running into several crores of rupees, with complaints of cheating received from victims across India, not just Tamil Nadu.

Issues Involved

  1. Whether the petitioners were entitled to bail given the scale of the alleged fraud and the stage of investigation.

Petitioner's Arguments

  • The petitioners claimed to be victims of the fraud themselves, and that the case was not as serious as portrayed.

Respondent's Arguments

  • The scale of the fraud, involving several crores of rupees and complaints from numerous victims across India, showed the gravity of the offence, and releasing the petitioners on bail carried a real risk of absconding and tampering with the investigation.

Court Order / Findings

  • The Court found the transactions in the accused's accounts and the volume of victim complaints demonstrated the magnitude of the offence went well beyond a simple dispute.
  • Concluding there was a real possibility of absconding and evidence-tampering if bail were granted, the Court held this was not a fit case for bail.
  • Both criminal original petitions were dismissed.

Important Clarification

This order contains no GST-related finding — it is a straightforward bail-refusal in a cyber-fraud/cheating case decided on flight-risk and evidence-tampering grounds.

Sections Involved

  • Indian Penal Code, 1860 — Sections 420, 465
  • Information Technology (Amendment) Act, 2008 — Section 66D

Decision – In Favour of

Decided in favour of the State/Prosecution — both bail petitions were dismissed.

Case Details

Court: Madurai Bench of Madras High Court
Case No.: Crl.OP(MD) Nos. 16993 and 17076 of 2023
Coram: Hon'ble Mr. Justice G. Ilangovan
Date of Order: 25 September 2023

Link to Download the Order

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