Nishad Ahmed v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.14667 of 2025 Nishad Ahmed ... Petitioner
Versus
The State Rep by its The Inspector of Police, PS Cyber Crimes, Puducherry.
(Crime No.11 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.11 of 2025 on the file of the respondent Police. For Petitioner :
Mr.Abudukumar Rajarathinam, Senior Counsel for Mr.Krishnamoorthy Dhanapal For Respondent :
Mr.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends at the hands of the respondent police for the offences punishable under Section 318(4), 336, 340(2) of BNS r/w Sections 43 1/6
and 66 of I.T. Act, in connection with the case in Crime No.11 of 2025, seeks anticipatory bail.
2.
The case of the prosecution is that the petitioner induced the defacto complainant to invest in a proprietary concern under the firm name 'Go Free Cycles', by promising of high returns; that the defacto complainant complainant invested in the said firm and initially earned profit of Rs.52,250/-; that later, the defacto complainant came to know that the firm was not registered with the Government and was kept under lock; and that the petitioner along with other accused cheated the defacto complainant and thus, committed aforesaid offences. 3.
The learned counsel for the petitioner would submit that the allegations are false. He further submits that the co-accused have been granted bail in Crl.M.P.No.600 of 2025 and that in any case, custodial interrogation of the petitioner is not required and prayed for anticipatory bail to the petitioner. 4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner along with other 2/6
accused received a sum of Rs.4,50,000/- from the defacto complainant and the said firm was not registered with a Government. 5.
Considering the aforesaid facts, the fact that the co-accused have been granted bail and since the allegations are borne out by the records, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.
Accordingly, the petitioner is 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 Chief Judicial Magistrate, Puducherry, on condition that the petitioner 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 condition that: [a] the petitioner and 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 3/6
10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond 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 under Section 269 BNS.
09.05.2025 dpa/skr 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. 4/6
To
1. The Inspector of Police, PS Cyber Crimes, Puducherry.
2.The learned Chief Judicial Magistrate, Puducherry. 3.The Public Prosecutor, Madras High Court, Chennai.
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L.VICTORIA GOWRI, J.
dpa/skr 09.05.2025 6/6