The main legal point established is the need for regulations governing online matrimonial websites to prevent fraudulent activities and protect individuals from falling victim to online matrimonial fraud.

JUDGMENT

The petitioner/accused, who apprehends arrest at the hands of the Respondent Police based on the complaint lodged by one Dr.xxxxxx D/o.yyyyy for alleged offence under Sections 420, 417, 406, 354, 294(b), 323 and 506(ii) of I.P.C. R/w Section 4 of TNPHW Act, in Crime No.147 of 2023 on the file of the Respondent Police, seeks pre-arrest bail.

2. The case of the prosecution is that the Petitioner/accused has registered his name with false particulars in the Christian Matrimony and contacted the Defacto Complaint and convinced her for marriage and based on the said promise, had cheated gold jewels and money from the Defacto Complainant. Hence, the complaint.

3. Ms.A.L.Gandhimathi, learned Senior Counsel appearing on behalf of Mr.R.Venkatesan for the petitioner/accused would submit that the petitioner/accused is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner/accused has no personal nexus with the defacto Complainant and both are acquainted through the Petitioner''s online trading business. The defacto Complainant proposed to marry the Petitioner, which had rejected by the Petitioner/accused and on the said refusal, the defacto Complainant developed the grudge and lodged false complaint. Hence, he prays for grant of pre-arrest bail to the petitioner/accused.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the matter is under investigation and the petitioner in Crl.M.P.No.10215 of 2023 namely the defacto complainant seeks intervene and opposed for grant of pre-arrest bail.

5. The summon substance of the averments of the defacto complainant are as under:

(i) The defacto complainant is a Government Doctor and working in one of the Government Hospital at Chennai and living with her mother and brother.

(ii) She registered for marriage proposal through Christian matrimony.com website in the month of May 2022 and obtained Registration ID No.CHR3139112 and one Dr.Prasanna, aged 47 years, Church of South India, Chennai, Educational qualification MD/MS professionalized Doctor and also registered in Registration ID No.CHR3119859 for seeking bride.

(iii) The said Dr.Prasanna had sent a mail to the petitioner stating that he is interest to marry her, hence she accept his request and thereafter they both are decided to marriage.

(iv) The accused informed the petitioner by stating that his father is not interesting the marriage, hence his uncle namely Surya Prakash (original Name not known) will conduct our marriage, the petitioner trusted/accused words and also meet his uncle Surya Prakash and decided to conduct marriage.

(v) On 05.02.2023, the accused and his uncle Surya Prakash assured that the accused will married the petitioner and thereafter the marriage will be registered before Registrar Office, hence the petitioner believed the words of the said person and she living with accused at 1002, DAYTONA, INCOR PBEL CITY, accused asked the petitioner''s Gold Jewels and money for his business, as request of the accused, the petitioner gave 80 Sovereign Gold Jewels and Rs.16,00,000/- from her savings and also gave Rs.52,00,000/- from availing loan from Bajaj Finance and ICICI Bank totaling Rs.68,00,000/- (Rupees Sixty Eight Lakhs only) to the accused and his brother-in-law namely Prem Kumar''s account through online bank Transaction.

(vi) After one month the accused did not register the marriage and he only demanding money from the petitioner and further he assured that the loan EMI will be paid by him on every month, but he did not pay the EMI on every month, hence the petitioner asked him to pay the EMI for the loan amount, at that time he changed his attitude and harassing the petitioner by demanding more money and finally he refused the petitioner and throw out her from the house, due to the atrocity of the accus