C.S.Karthik v. State Rep By

CRL OP NO. 2613 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CRL OP NO. 2613 of 2025 C.S.Karthik S/O. Subramani, No. 1/9, 5th Street, New Teachers Colony, Erode District - 638011 Petitioner(s) Vs State Rep By Inspector of Police, Kallakurichi Police Station, Kallakurichi District. Crime. No. 18/2024.

Respondent(s) CRL OP NO. 2613 of 2025 For Petitioner(s):

Nalliyappan R For Respondent(s):

V.Meganathan, Government Advocate (crl. Side)

ORDER

The petitioner who apprehends arrest for the alleged offence under section 420 IPC and Sections 66C & 66D of Information Technology (Amendment) Act, 2008 in Cr.No.18 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had cheated the defacto complainant to the tune of Rs.5,12,000/- by posing as a Manager of SBI General Insurance and given false promise to provide insurance claims for the patients undergoing IVF treatment. Hence, the case. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. He further submits co-accused has been released on bail. Further, the petitioner is ready to abide any conditions as imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) admits that coaccused released on bail.

5. Considering the facts and circumstances of the case, the investigation is almost completed and co-accused has been released on bail. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate I, Kallakurichi District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 on alternative days at 10.30 a.m. for a period of three months. Further, the petitioner shall deposit a sum of Rs.1,00,000/- to the credit of the Crime No.18 of 2024 within a period of two weeks from the date of receipt of a copy of this order and the defacto complainant is permitted to withdraw the same by filing proper affidavit.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial; (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 anticipatory 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

06-02-2025 pbl CRL OP NO. 2613 of 2025 To

1. State Rep By Inspector of Police, Kallakurichi Police Station, Kallakurichi District.

Crime. No. 18/2024.