Sridhar v. The State Rep By, The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Sridhar ... Petitioner Vs.
State, Rep. by Deputy Superintendent of Police State Cyber Crime Investigation Centre Cyber Crime Wing, Hqrs, Ashok Nagar, Chennai. (Crime No.84 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.84 of 2024 on the file of the respondent Police. For Petitioner :
Mr.P.Sridhar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.84 of 2024 registered for the offences punishable under Sections 111, 318(4), 319(2) of BNS r/w. Section 66(D) of Information Technology (Amendment) Act, 2008 is on board for consideration.
2.The incarceration of the petitioner being from 13.12.2024 pleading innocence on the part of the petitioner and false implication in the case, learned 1/5
counsel for the petitioner seeks indulgence of this Court. He further submits that the main accused induced the petitioner by promising to provide a sum of Rs.30,00,000/- without interest, believing this promise, the petitioner opened four bank accounts and allowed the main accused to operate it. He further submits that the petitioner has not received any commission in this regard. He also submits that the petitioner is no way connected with the alleged offences and he is ready to abide by any stringent condition that may be imposed by this court. 3.
The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the de facto complainant was introduced to one Samir Bhattacharya, the main accused in the FIR, during a bridge competition at the Taj Kumarakom Club in Kerala. The main accused introduced himself to the complainant and offered an investment scheme involving intra-day hedging of various currencies, including the United States Dollar, British Pound, and Euro. He provided the de facto complainant with a UK phone number for the investment, and later, the de facto complainant received communication via WhatsApp without a phone number, under the name 'CBC Global Forex Trading.' Believing the accused's words, the de facto complainant transferred a total sum of Rs.
Thousand Ninety Two only) to 54 different bank accounts in various installments, provided by the main accused. He further submits that there are totally 16 complaints have been received from the victim. 4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.
15,000/- (Rupees Fifteen Thousand only) with two sureties, (out of which, one surety should be a blood related surety) each for a like sum to the satisfaction of the learned XI Metropolitan Magistrate, Saidapet, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent Police, everyday at 06.30 p.m.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
23.01.2025 sai To 1.The XI Metropolitan Magistrate, Saidapet 2.The Deputy Superintendent of Police State Cyber Crime Investigation Centre Cyber Crime Wing, Hqrs, Ashok Nagar, Chennai.
3.The Superintendent, Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA, J.
sai 23.01.2025 5/5