V. Ganesan v. Inspector of Police, District Crime Branch
2013 (1) MWN (Cr.) 326
In the High Court of Madras
C.R 28440/2012
Before Justice B. Rajendran
Decided on December 11, 2012

Relevancy of the case: Bail application in an investment scam after being in custody for more than 60 days

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 72, 74)
• The Indian Penal Code, 1860 (Section 120B, 386 420)
• The Code of Criminal Procedure, 1973 (Section 167(2))

Relevant Facts of the Case

• The complainant allegedly received an offer from the accused individuals for investment in big companies. The complainant paid ₹1,00,000 on the promise that it would be repaid with an interest.
• Although, the complaint was ultimately cheated out of his investment.
• The petitioner herein also joined the scheme and introduced his friends to it. They were also allegedly cheated.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the petitioner has remained in jail for 67 days without filing of a charge sheet.

Opinion of the Bench

• If convicted, the punishment for the accused under the charges will be less than 10 years, for which the period of custody is only 60 days.

Final Decision

• Petition allowed
• Bail granted with conditions.

This case summary has been prepared by Shubhangi Gehlot, an undergraduate student at Law Faculty, Maharaja Sayajirao University of Baroda, during her internship with The Cyber Blog India in May/June 2021.