S.Prince v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN S.Prince

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, Job Racketing Wing, 4th Floor, Central Crime Branch, Commissionerate, Vepery, Chennai - 600 007.

(Crime No.07 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.07 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.M.Balaji For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who Page No.1 of 6

was arrested and remanded to judicial custody on 28.02.2025, seeking bail in Crime No.07 of 2025 registered for the offence under Section 420 of IPC and Sections 10 and 24 of Emigration Act, 1983. 2.It is the case of the prosecution that there are totally four accused in this case, in which the petitioner is arrayed as A1; that the petitioner had received a sum of Rs.3,00,000/- from the defacto complainant to obtain job in Combodia under business visa; that thereafter, the defacto complainant and the other victims were sent to Combodia and were made to commit cyber crimes; that the confession statement of the petitioner revealed that the petitioner has collected Rs.39,00,000/- from 31 victims and the same has been handed over to the other accused. Hence, the case. 3.

The learned counsel for the petitioner would submit that the petitioner is innocent; that even according to the defacto complainant, she refused to go abroad and had lodged a false complaint; that in any case the petitioner is in custody from 28.02.2025 and hence, further custody of the petitioner is not required and sought for bail. Page No.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for the grant of bail. 5.Heard the learned counsel on either side and perused the materials available on record.

6.The petitioner is in custody from 28.02.2025. Even according the allegations in the FIR, the defacto complainant did not go abroad and the petitioner had not returned the money to the defacto complainant. Considering the nature of allegations, 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 Additional Court for Exclusive Trial for CCB Cases, Egmore, and on Page No.3 of 6

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; [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.

27.03.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Job Racketing Wing, 4th Floor, Central Crime Branch, Commissionerate, Vepery, Chennai - 600 007.

2.The Additional Court for Exclusive Trial for CCB Cases, Egmore. 3.The Superintendent of Prison, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 27.03.2025 Page No.6 of 6