Karthikeyan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

1. Karthikeyan

2. Sundari ..Petitioners Vs The State rep. by The Inspector of Police, Cyber Crime Police Station, Krishnagiri.

Crime No.1/2023 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail in C.C.No.554 of 2024 on the file of learned Judicial Magistrate II, Krishnagiri. For Petitioners:

Mr.L. Ramanathan For Respondent:

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 05.12.2025 for the alleged offences under Sections 406 and 420 of Indian Penal Code, 1860 and 66(D) of Information Technology Act, in Crime No.01 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant came into contact with a woman through a matrimony app and later money was transferred through UPI and the accused persons cheated him. Based on the complaint, FIR was registered and the petitioners were arrested and remanded. Subsequently, they were released on bail. However, during trial, they failed to appear before the Court and NBW was issued on 01.09.2025 and they were secured on 05.12.2025. Hence, the case was registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged. It is submitted that they were already granted bail earlier and were regularly appearing before the Court. It is further submitted that on 01.09.2025, due to bona fide reasons, they could not appear before the trial Court, and immediately NBW was issued. The learned counsel would submit that the non-appearance is neither wilful nor wanton, but only due to inadvertent reasons. It is also submitted that the petitioners are ready to cooperate with the trial and will appear before the Court regularly. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners failed to cooperate with the trial and NBW has been issued. However, it is submitted that the case is at trial stage.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate No.2, Krishnagiri, 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 petitioners shall report before the Trial Court concerned daily at 10.30 a.m. for a period of two weeks and thereafter on all hearing dates without fail; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions had been imposed and the petitioners 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.

30-04-2026 NSL 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 learned Judicial Magistrate No.2, Krishnagiri.

2. Central Prison, Salem.

3. The Inspector of Police, Cyber Crime Police Station, Krishnagiri.

4. The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

NSL 30-04-2026