BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 06.12.2023 Pronounced on : 02.02.2024 CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI Crl.R.C(MD)No.1346 of 2023 D.Karthikeyan ... Petitioner Vs.

State represented through The Inspector of Police, CCD-III, Cyber Crime Unit, Tirunelveli District. ... Respondent PRAYER : This Criminal Revision has been filed under Sections 397 r/w 401 of Criminal Procedure Code, to call for the records relating to the impugned order dated 24.04.2023 passed in Crl.M.P.No.7160 of 2023 on the file of the Judicial Magistrate No.1, Tirunelveli, set aside the same and consequently direct the respondent police to hand over the petitioner's subject matter of the property (Money) and allow this revision petition.

For Petitioner : Mr.R.J.Karthick For Respondent : Mr.K.Sanjay Gandhi Government Advocate (Crl.side)

ORDER

This Criminal Revision Case is filed to set aside the order dated

24.04.2023 passed in Crl.M.P.No.7160 of 2023 on the file of the learned Judicial Magistrate No.1, Tirunelveli and to direct the respondent to hand over the petitioner’s subject matter of the property (money).

2.The brief facts of the case:

The revision petitioner is the defacto complainant in the case registered in Crime No.31 of 2022 on the file of the respondent police. The petitioner was working as Commandant in Tamil Nadu Special th Police 12 Battalion, Manimuthar, Tirunelveli District. He is having mobile number 9498118666 and Whatsapp in the same number. On 11.08.2022 at 14.22 hours he received Whastapp message from 8142781808 showing police higher official photo. The sender had conversation with the petitioner about Amazon Gift Voucher and believing his words, the petitioner sent Rs.7,50,000/- from his bank account number. On coming to know the petitioner was cheated, the petitioner lodged complaint and the case was registered.

3. The respondent police has frozen 4 accounts of A3 RamChanso Kasar i.e., Canara Bank, Neelasandra Branch Account No.110047005364 – Rs.2,00,000/-; UCO Bank, Koramangala Branch Account No.10530110066911 – Rs.9,145/-, Bank of India, Koramangala Branch Account No.847910110004810 Rs.1/-; Account No.84791651000102 – Rs.524.01/-. The amount in those accounts consist the amount of the petitioner. So, the petitioner filed the petition in Crl.M.P.No.7160 of 2023 seeking to defreeze the accounts and to produce an amount of Rs.2,09,669/- before the Judicial Magistrate Court and to return the same to the petitioner. The petition was strongly resisted by the respondent police. After hearing both the learned Judicial Magistrate No.1, Tirunelveli dismissed the said petition on 24.04.2023. Being aggrieved by the order, the petitioner preferred this Criminal Revision Case.

4. Heard both side and perused the records in this Criminal Revision Case.

5. The learned counsel appearing for the revision petitioner has submitted that believing the words of the accused the petitioner transferred amount through bank account towards purchase of Amazon Gift Voucher. The learned Judicial Magistrate failed to consider the fact that on the basis of complaint the bank accounts of the accused were frozen. As per Criminal Procedure Code, the property means which includes the money also. The learned Judicial Magistrate wrongly held that that there is no material to show whether Rs.7,50,000/- cheated by the accused was deposited in his account. The petitioner is ready to file undertaking to redeposit the amount.

6. The learned Government Advocate (Crl.side) for the respondent contended that the respondent police arrested 5 accused and the bank account of Accused Ramchanso Kasar were freezed. The case is in the nature of cyber crime and online cheating. The respondent police filed the statement of bank of the said accused. On the alleged date there is no deposit of money sent by the petitioner. The petitioner has not proved the ownership of the money as rightly held by the learned Judicial Magistrate. If the money in question is returned