Mohammed Anifa v. The State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR CRL.O.P.No.15582 of 2025 Mohammed Anifa ... Petitioner/Accused

Versus

The State Rep by its The Inspector of Police, City Cyber Crime Police Station, Tiruppur.

(Crime No. 24 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail, in Crime No.24 of 2025, pending investigation on the file of the respondent Police. For Petitioner :

Mr.J.Franklin For Respondent :

Mr.V.J.Priyadarsana Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioners/Accused who was arrested and remanded to judicial custody on 24.04.2025, seeking bail in Crime No.24 of 2025 registered for the offence under Section 66D of Information 1/6

Technology Act and Section 318(3) & 318(4) of BNS. 2.

The case of the prosecution is that the defacto complainant was running a rice mill near his relative's shop. The defacto complainant received a call from the petitioner, claiming to be the 3rd owner of his relative's shop and requested to send money to his account. Believing the words of the petitioner, the defacto complainant transferred a total sum of Rs.1,05,000/- to the petitioner's account and that later, the defacto complainant came know that the petitioner was not the true owner of his relative's shop and had cheated him of the said amount. Hence, the case.

3.

Learned counsel appearing for the petitioner submitted that the allegations are false and the petitioner is in custody from 24.04.2025. He further submitted that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.10,000/- to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioner. 4.

Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and opposed the grant of bail to 2/6

the petitioner.

5. Heard learned counsel on either side and perused the materials available on record.

6.

Considering the nature of allegations, period of incarceration and since the allegations are borne out by records, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, considering the voluntary submission, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) as nonrefundable deposit either through RTGS/NEFT/cash/demand draft in favour of The Dean, Stanley Government Medical College and Hospital, Chennai, bearing A/c. No.39219285071, State Bank of India, Old Jail Road, Stanley Hospital, IFSC:SBIN0001476, without prejudice to his defence before the trial Court and on such deposit, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial MagistrateIII, Tiruppur, and on further conditions that: 3/6

[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 jurisdictional Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday 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.

21.05.2025 dpa/skr Note:

4/6

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 Judicial Magistrate-III, Tiruppur.

2. The Superintendent, District Jail, Tiruppur.

3.The Inspector of Police, City Cyber Crime Police Station, Tiruppur.

4.The Public Prosecutor, High Court, Madras.

N.SENTHILKUMAR , J.

dpa/skr 5/6

Crl.O.P.No.15582 of 2025 21.05.2025 6/6