Prakash v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Prakash ... Petitioner / Accused

Versus

State Rep. By The Inspector of Police, Cyber Crime Police Station, Cuddalore District.

(Crime No.204 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail pending investigation in Crime No.204 of 2024 on the file of the respondent Police. For Petitioner : Mr. P. Muthamizhselvakumar. For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate (Crl. Side).

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 08.01.2025, 1/6

seeking bail in Crime No.204 of 2024 registered for the offence under Sections 318(4), 61(2), 336(2), 336(3), 338 and 340(2) of BNS read with 66C and 66D of IT Act.

2.The case of the prosecution is that the petitioner along with the other accused had advertised in the face book and in other social media that they were securing jobs in abroad and induced the defacto complainant to pay a sum of Rs.49,000/- and that the petitioner had received the same. Hence, the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in custody from 08.01.2025 and since further custody is not required, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and submitted that the petitioner has got other connected case and in that case, he is on bail.

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5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.Considering the nature of allegations; the period of incarceration; that the petitioner is on bail in other case; and that since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with stringent conditions.

7. 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, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Cuddalore. [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 10.30 a.m., until further orders;

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[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 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 B.N.S. 20.02.2025 ay To 1.The Public Prosecutor, High Court of Madras, Chennai.

2.The Inspector of Police, Cyber Crime Police Station, Cuddalore District.

3. The Judicial Magistrate II, Cuddalore.

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4.The District Prison, Ariyalur.

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SUNDER MOHAN. J, ay 20.02.2025 6/6