KIRUTHIKA Vs. STATE

JUDGEMENT

(1.) The petitioner/A2 in Crime No. 11 of 2021 filed this petition seeking direction, to direct the respondents to defreeze the account of the petitioner in SB.A/c.No.918010071486841 at Axis Bank Limited, Raja Annamalaipuram, Chennai.

(2.) The gist of the case is that on 14/6/2021, one Abhishek Rafi lodged a complaint stating that he is running a youtube channel in the name of Briyani Man, he often used to view lots of youtube videos, he came across a video of one Madankumar, who constantly uploads screen recorder of PUBG game in his two Youtube channels, namely, MADAN and TOXIC MAD AN 18+. The said Madankumar [Al] used filthy, abusive, vulgar languages in the videos and circulated those videos in his youtube channels MADAN and TOXIC MADAN 18+ with an intention to insult and indecently represent women in the social media. The accused, Madankumar/Al and the petitioner/A2 made streaming of PUBG gaming videos with obscene commentary and filthy language against women and teenage subscribers in the videos. Both the accused intentionally made abusive sexual conversation and vulgar talks, uploaded the same, Madan Youtube channel having more than 7.7 lakhs of followers, which includes 13% children below 18 years of age and 64% of followers are aged between 18-24 years. Hence, requested necessary action against the accused.

(3.) Based on the complaint, case was registered in Crime No. 11 of 2021 under Ss. 67, 67A of IT Act, Ss. 294(b), 509 of IPC and Sec. 4 of Indecent Representation of Women Act, 1986. During investigation, the IP address of both the youtube channels were verified and found to be at No.9/370, Arputhalaya, Indira Nagar Main Road,Vengaivasal, Chennai - 600 126, wherein the accused/Al and the petitioner/A2 were residing. The videos in their youtube channel were verified and found to be with extreme obscenity. Further, it was found that the videos in this youtube channel were viewed by even school going children. Hence, the respondent police went to the residence of the accused in Vengaivasal, but they absconded, thereafter, on information found that they were available at Thadagapatti, Salem, the respondent police gone to Thadagapatti, Salem on 15/6/2021, wherein the petitioner/A2 was available but Al absconded. The respondent police verified the mobile of A2, it was found that she is the Admin of the Youtube channel, she is controlling and uploading the videos. On further enquiry, she admitted that she along with her husband Madan Kumar were uploading the Government banned PUBG gaming videos. At about 11.00 am., the petitioner/A2 was arrested, for further investigation, the respondent police brought her to Chennai and at about 6.30 p.m, she gave a confession admitting the offence committed by her along with her husband. Thereafter, she disclosed the fact that on 12/3/2021, she started a Company in the name of Madan Game Station Private Limited, in which the petitioner and her father are the Directors. She received money from the Youtube in her account at Axis Bank, Raja Annamalaipuram Branch in SB .A/c.No.918010071486841 and A/c.No.921020010663646. She used VPN mode in uploading the PUBG gaming videos to conceal her identity and source, since the game was banned by the Government of India. So far in the channel, the accused uploaded 659 videos in the youtube channel 'MADAN' wherein, they got the subscribers base of 7,79,000 and they uploaded 11 videos in TOXIC MAD AN 18+ channel, wherein they got 10,000 subscribers. It is further submitted that the petitioner along with her husband upload the videos, controlled the same using mobile phone and computer, during live streaming of videos, her husband/Al used to make derogative remarks and at times, the petitioner also made some remarks in the name of Shalini and Kajal. The persons who are interested to play PUBG game used to make payment in Madan Kumar's bank account in Kotak Mahindra Bank, Valasaravakkam Branch A/c.No.4912454739 and thus, they received huge sums of money, added to it they collected money on false representation of helping the needy and poor who got affected during Covid-19 and thus, they received money in a deceitful manner, failed to make any contribution for the which the money was received. On the other hand, the accused purchased cars, jewels and were leading a luxurious life using the said money and thus committed misappropriation, cheating along with other offences. Hence, the petitioner was produced before the XI Metropolitan Magistrate, Saidapet, Chennai on 16/6/2021 along with requisition for remand, complaint, FIR and the documents collected till then.