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Madras High CourtCRL OP/5507/2026granted

Prabhakaran v. State Represented By

2026-03-24Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Prabhakaran ..Petitioner(s) Vs State Represented by The Deputy Superintendent of Police, State Cyber Crime Investigation Centre, Cyber Crime Wing, Ashok Nagar, Chennai.

..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the Petitioner on anticipatory bail in Crime No.91 of 2025 on the file of the State Cyber Crime Investigation Centre, Cyber Crime Wing Headquarters, Ashok Nagar, Chennai. For Petitioner(s):

Mr.S.Jeeva For Respondent(s):

Mr.P.Dhileepan, Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 318(4), 319(2) r/w. 61(2) of BNS Act, 2023 in Crime No.91 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner has created online platform and thereby cheated the de facto complainant on account of dollar trading. Hence, the present complaint.

3. The learned counsel for the petitioner submitted that the petitioner's account was used by A1 and A2 and that the petitioner is not a named accused and only based on the confession statement, he was implicated in this case. He further submits that A1 to A3 were already enlarged on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police has not seriously disputed in respect of enlargement of bail for A1 to A3.

5. Though there is a serious allegation against the petitioner, considering the totality of the circumstances and nature of allegation put forth against the petitioner and that the co-accused, A1 to A3 were already granted bail, this Court is of the view that custodial interrogation of the petitioner is not required and is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Metropolitan Magistrate-CCB, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with

two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m. and 5.30 pm., for a period of four weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

24-03-2026 rap

C.KUMARAPPAN, J.

RAP To

1. The Metropolitan Magistrate-CCB, Egmore.

2. The Deputy Superintendent of Police, State Cyber Crime Investigation Centre, Cyber Crime Wing, Ashok Nagar, Chennai.

3. The Public Prosecutor, High Court, Madras.

24-03-2026