Sai Prashanth v. State By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sai Prashanth

...Petitioner/Accused 2

Vs.

State rep by The Inspector of Police, DCB Police Station, Coimbatore.

(Crime No.05 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.05 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.S.Prabhakar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 10.02.2025, seeking bail in Crime No.05 of 2025 registered for the offence under Section 420 of IPC and Section 66D of IT Act.

2.It is the case of the prosecution that the defacto complainant had invested a sum of Rs.18,23,200/- in online trading at the instance of one of the accused; that her account displayed that she had earned profit; that the balance was shown as Rs.66,00,000/-; that when she made an attempt to withdraw the said amount, she could not withdraw the same and later, she realized that she has been cheated by the accused. It is the further case of the prosecution that the defacto complainant had transferred 18,23,200/- to various accounts and a sum of Rs.10,00,000/- was transferred to this petitioner's account. Hence, the case.

Page No.2 of 6

3.The learned counsel for the petitioner would submit that the allegations are false; that the petitioner had given his account number to the co-accused one, Sridhar, who in turn handed it over to certain third parties without his knowledge and he had not gained personally in the alleged transaction and that in a similar case, this Court had granted bail to the petitioner in Crime No.84 of 2024 in Crl.O.P.No.1327 of 2025 and sought for bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner has given his account number to the co-accused and that totally 12 complaints have been received all over India, pertaining to wrongful credits in this account and opposed for the grant of bail.

5.The petitioner is in custody from 10.02.2025. This Court had granted bail to the petitioner in Crl.O.P.No.1327 of 2025 on 17.02.2025 considering the period of incarceration with the following observations: Page No.3 of 6

"6.Considering the nature of allegations, period of incarceration, the fact that the co-accused has been granted bail, there is no allegation of any monetary gain by the petitioner and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions." 6.It is seen that in this case, the person to whom the petitioner had given his account number to one, Sridhar who is also an accused. Considering the aforesaid facts, period of incarceration 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. 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 Judicial Magistrate No.4, Coimbatore, and on further conditions that: Page No.4 of 6

[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 Deputy Superintendent of Police (CCD-I), State Cyber Crime Investigation Center, Ashok Nagar, Chennai - 83, everyday at 10.30 a.m., until further orders. [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.

03.04.2025 ata Page No.5 of 6

SUNDER MOHAN, J.

ata Copy to:

1.The Inspector of Police, DCB Police Station, Coimbatore.

2. The Deputy Superintendent of Police (CCD-I), State Cyber Crime Investigation Center, Ashok Nagar, Chennai - 83 3.The Judicial Magistrate No.4, Coimbatore.

4.Central Prison, Puzhal, Chennai.

5.The Public Prosecutor, High Court, Madras.

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