Lukman Ameen Basha v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Lukman Ameen Basha S/o. Ameen Basha, No.200, GKS Avenue, Thondamuthur Road, Vadavelli, Coimbatore.

..Petitioner(s) Vs The State Rep By The Inspector of Police Cyber Crime Police Station, Crime No.134 of 2024 Puducherry.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to grant bail enlarging the petitioner in crime No.134 of 2024 on the file of the inspector of Police, Cyber Crime Police Station, Puducherry, pending investigation.

For Petitioner(s):

P.Divakar For Respondent(s):

S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.01.2026 for the alleged offences under Sections 111 and 318(4) of the BNS, 2023, and section 66 r/w. 43 of the Information Technology Act, 2000, in Crime

No.134 of 2024 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner had cheated the defacto complainant to the tune of Rs.98,21,000/- by inducing him to invest in a cryptocurrency. Hence, the present case has been registered and the petitioner was arrested.

3. The learned senior counsel appearing for the petitioner submitted that, except this petitioner, all other accused have been released either on bail or on anticipatory bail, which fact was not seriously disputed by the learned Government Advocate (Crl.Side). He further submitted that the petitioner has been in custody since 12.01.2026 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 the investigation has already been completed and that the charge sheet has been filed and the same will be taken cognizance by the concerned Court. However, he opposed the grant bail to the petitioner.

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

6. Taking into consideration the long incarceration of the petitioner since 12.01.2026 and the further fact that the other co-accused have already been released on bail or anticipatory bail, and that the investigation has been completed and the charge sheet has been filed, this Court is of the firm view that no further custodial interrogation of the petitioner is required. Hence, 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 Chief Judicial Magistrate, Puducherry, 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 two weeks and thereafter 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.

06-04-2026 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 Chief Judicial Magistrate, Puducherry.

2. The Inspector of Police Cyber Crime Police Station, Crime No.134 of 2024 Puducherry.

3. The Superintendent, Central Prison, Puducherry.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MPA 06-04-2026