V.Padmaraj v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.9294 of 2025 Mr.V.Padmaraj ... Petitioner/Sole Accused Vs.

The State represented byThe Inspector of Police, CCD-II, Thiruvallur Police Station.

(Crime No.03 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.03 of 2025 pending investigation on the file of the respondent Police. For Petitioner : Mr.M.D.Ilayaraja For Respondent : Ms.J.R.Archana Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 31.01.2025, seeking bail in Crime No.03 of 2025 registered for the offence under Sections 420 IPC r/w 66D of IT Act.

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2. The case of the prosecution is that the defacto complainant approached the accused through the advertisement in Facebook page for a loan; that the petitioner along with A2 induced the defacto complainant to pay a sum of Rs.12 lakhs through G-pay and further demanded a sum of Rs.50,000/- towards service charges; that the petitioner had asked the defacto complainant to transfer the said amount and thus committed the aforesaid offence; and that the petitioner was remanded to judicial custody on 31.01.2025.

3.The learned counsel appearing for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case and has not committed any offence as alleged by the prosecution; that the petitioner has been arrested and remanded to judicial custody on 31.01.2025; that similarly placed coaccused was granted bail by this Court in Crl.O.P. No.8173 of 2025 dated 20.03.2025 and since further custody of the petitioner is not required and hence prayed for grant of bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner along with other accused had induced the defacto complainant and the amount was 2/5

transferred to the account of the petitioner through Gpay; and that the investigation is pending.

5. Taking into consideration the facts and circumstances of the case, considering the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, the period of incarceration undergone by the petitioner and that the similarly placed co-accused was granted bail by this Court in Crl.O.P. No.8173 of 2025 dated 20.03.2025 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 learned Judicial Magistrate No.II, Thiruvallur.

[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;

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[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.

01.04.2025 rkp To 1.The Judicial Magistrate No.II, Thiruvallur. 2.The Inspector of Police, CCD-II, Thiruvallur Police Station.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

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