Sureshkumar v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8582 of 2025 Sureshkumar .. Petitioner Vs.
The State rep by The Inspector of Police, City Cyber Crime Police Station, Coimbatore.
(Crime No.14 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.14 of 2025, pending investigation on the file of the respondent Police. For Petitioner : M/s.S.Selvakumar For Respondent : Ms.J.R.Archana Government Advocate(Crl.Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 21.01.2025, seeking bail Page No.1 of 6
in Crime No.14 of 2025 registered for the offence under Sections 318(4) of BNS and Section 66 of IT Act.
2.
The case of the prosecution is that the petitioner was running a Studio and had posted an advertisement on OLX for want of a make-up artist in cinema; that on seeing the said advertisement, the defacto complainant approached the petitioner to join as a make-up artist, and that the petitioner received a sum of Rs.6,12,540/- from the defacto complainant; that the petitioner neither made the defacto complainant a make-up artist nor repaid the said amount.
3.
The Learned counsel appearing for the petitioner submitted that the petitioner had already repaid a portion of the alleged amount and that the petitioner is in custody from 21.01.2025 and hence, he may be released on bail.
4.
Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, Page No.2 of 6
reiterated the prosecution case and submitted that there are six previous cases pending against the petitioner, out of which five cases are similar in nature.
5.
Considering the nature of allegations, period of incarceration, the petitioner has already repaid a portion of the said amount and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.
6.
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 Judicial Magistrate-IV, Coimbatore, and on further conditions that: [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; Page No.3 of 6
[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.
24.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Inspector of Police, City Cyber Crime Police Station, Coimbatore.
2.The Judicial Magistrate-IV, Coimbatore.
3.The Superintendent of Prison, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN , J.
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dpa Crl.O.P.No.8582 of 2025 24.03.2025 Page No.6 of 6