Logasurya v. The State Represented By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P. No.1620 of 2026 Logasurya ... Petitioner

Versus

The State rep. by, The Inspector of Police, Cyber Crime Police Station, Namakkal District. (Crime No.16 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, to enlarge the petitioner on bail in Crime No.16 of 2025, pending on the file of the Inspector of Police, Cyber Crime Police Station, Namakkal District.

For Petitioner : Mr. P. Neelavathi For Respondent : Mr. A. Gopinath Government Advocate (Crl. Side) For Intervener : Mr. W. Camyles Gandhi 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.12.2025, for the offences punishable under Section 318(4) of Bharatiya Nyaya Sanhita (BNS), 2023, r/w Section 66D of the Information Technology (IT) Act, 2000, in Crime No.16 of 2025, pending on the file of the respondent Police, seeks bail.

2.

The allegation against the petitioner is that he is a CCTV installation technician and, taking the advantage of his proximity with the defacto complainant, and under the guise of enabling access to CCTV footage through a mobile phone, he secretly installed a spy app "AnyDesk" on the defacto complainant's mobile phone. By using the said application, the petitioner allegedly gained access to the bank particulars of the defacto complainant and swindled a sum of Rs.1,15,000/- (Rupees One Lakh Fifteen Thousand Only) from the bank account of the defacto complainant. Hence, the present case has been registered.

3.

The learned counsel for the petitioner submitted that the petitioner has not committed the alleged offence and that he has not derived any benefit from the alleged transactions. It was further submitted that the petitioner has been in incarceration from 08.12.2025, that he is ready to abide by any 2/6

conditions that may be imposed by this Court, and that he undertakes to appear and co-operate with the investigation. Hence, he prayed for grant of bail. 4.

The learned counsel appearing for the intervener submitted that the petitioner voluntarily and deliberately installed a secret application in the defacto complainant's mobile phone with a criminal intention to cheat and steal money. It was further submitted that no amount has been recovered so far and that the investigation is still under process. Therefore, he vehemently opposed to grant bail to the petitioner.

5.

The learned Government Advocate (Criminal side) appearing for the respondent police, reiterated the case of the prosecution and submitted that the petitioner, being a CCTV installation technician, installed CCTV cameras at the defacto complainant's house and, under the pretext of enabling mobile access, installed a remote access application to monitor the mobile phone of the defacto complainant. By doing so, the petitioner allegedly cheated the defacto complainant and stolen a sum of Rs.1,15,000/- from his bank account on three occasions. In order to substantiate the same, he also produced the bank statements pertaining to the transactions before this Court. It was further submitted that the petitioner was arrested on 08.12.2025, the investigation is still going on, and no recovery has been effected so far. Hence, he opposed the 3/6

grant of bail to the petitioner.

6.

I have heard the learned counsel appearing on either side and perused the materials available on record, including the bank statements of the petitioner.

7.

On a perusal of the records reveals that the petitioner intentionally installed a secret application on the defacto complainant's mobile phone and allegedly swindled a sum of Rs.1,15,000/- in three transactions. The investigation is still under progress and the amount involved in this case has not been recovered so far. In view of the same, this Court is not inclined to grant bail to the petitioner at this stage.

8.

Accordingly, this Criminal Original Petition stands dismissed. 27.01.2026 klt 4/6

To 1.The learned Judicial Magistrate, Additional Mahila Court, Namakkal. 2.The Inspector of Police, Cyber Crime Police Station, Namakkal District. 3.The Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras, Chennai. 5/6

K.RAJASEKAR , J.

klt Crl.O.P. No.1620 of 2026 27.01.2026 6/6