Jayaraman v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

1. Jayaraman

2. Gopal

3. Kandasamy

4. Sakthivel ... Petitioner(s) /Accused Vs.

State rep.

The Inspector of Police, Cyber Crime Branch, West Zone - Anna Nagar, Chennai District.

... Respondent(s)/ Complainant Crime No.16 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioners on bail in the event of his arrest in Crime No.16 of 2025 pending on the file of the respondent police. For petitioner(s) : Mr.W.Camyles Gandhi For Respondent(s) : Dr.C.E.Pratap Government Advocate (Crl.Side) Page No.1 of 7

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 318(4) and 319(2) of BNS, 2023 (under Sections 420 and 419 of IPC) r/w Section 66(D) of the IT Act in Crime No.16 of 2025 seeks anticipatory bail.

2. It is the case of the prosecution that the defacto complainant, Mr. M.G. Ramachandran, along with four others, have lodged a complaint against the petitioners herein seeking recovery of a sum of Rs.23,93,000/-.

3. The learned counsel for the petitioners would submit that the allegations are false and the petitioners have not deceived the defacto complainant and they have been falsely implicated in this case. He also submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and prayed for anticipatory bail for the petitioners.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case.

5. At this juncture, the learned counsel for the petitioners would submit that the petitioners, without prejudice to his defence and contention, is ready and willing to deposit an amount of Rs.10,00,000/- to the credit of crime number.

6. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police.

7. Considering the submissions made by the learned counsel on either side, the nature of the offence, and other relevant aspects, I am inclined to grant anticipatory bail to the petitioners, with a direction to the petitioners to cooperate with the Investigating Officer for the purpose of further Page No.3 of 7

investigation.

8. Accordingly, considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to make a non-refundable deposit of Rs.10,00,000/- (Rupees Ten Lakh only) to the credit of Crime No.16 of 2025 before the V Metropolitan Magistrate Court, Egmore, Chennai, without prejudice to the right of the defence before the Trial Court, on such deposit and production of proof, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned V Metropolitan Magistrate Court, Egmore, Chennai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

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[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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 Page No.5 of 7

under Section 269 B.N.S.

08.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa L.VICTORIA GOWRI, J.

skr/dpa 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 official website of this court will be watermarked and will also have a QR code.

To

1. The Inspector of Police, Cyber Crime Branch, West Zone - Anna Nagar, Chennai District.

2. The Public Prosecutor, Madras High Court, Chennai.

3. V Metropolitan Magistrate Court, Egmore, Chennai. Page No.6 of 7

08.05.2025 Page No.7 of 7