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Madras High CourtCRL OP/6172/2026granted

Bhoomiselvam Nagalingam v. State Rep.By,

2026-03-10Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Bhoomiselvam Nagalingam S/o.Nagalingam, 1/37, North Street, Prapukalur, Ramanathapuram-623712.

..Petitioner(s) Vs State rep.by, The Inspector of Police, Cyber Crime Cell, CBCID, Chennai district.

Cr.No.02 of 2025.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Cr.No.02 of 2025 on the file of the Inspector of Police, Cyber Crime Cell, CBCID, Chennai District. For Petitioner(s):

S.Vinod For Respondent(s):

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.02.2026 for the alleged offences under Sections 336(2), 336(3), 318(4), 112

r/w. 62 & 61 of the BNS, 2023 in Crime No.02 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 143 debit cards and 15 SIM cards. Hence, the present case has been registered and the petitioner was arrested.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been in custody since 13.02.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally 8 accused in this case; the petitioner is ranked as A8; There is no previous case against this petitioner. However, he opposed to grant bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

6. Though learned Government Advocate would narrate the complexity of the issue and the involvement of A1 to A3 who possessed 143 debit cards and 15 SIM cards, the role of the petitioner is only arranging person to open a Bank Account and in this regard, he only received commission. At this juncture, the learned counsel for the petitioner submitted that A1 has already been released on bail on 03.03.2026. According to the prosecution, the specific overt act is only against A1 to A3. In such view of the position and taking into consideration of the fact that A1 has already been enlarged on bail; taking into consideration of the incarceration of the petitioner since 13.02.2026, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions:-

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 XI Metropolitan Magistrate Court, Saidapet, Chennai, and subject to the following conditions:

[a] 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 the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m. for a period four weeks and thereafter appear before the respondent police daily at 10.30 a.m. for a further period of two weeks and as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

10-03-2026 MPA

Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

1. The XI Metropolitan Magistrate Court, Saidapet, Chennai.

2. The Inspector of Police, Cyber Crime Cell, CBCID, Chennai district.

Cr.No.02 of 2025.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MPA 10-03-2026