Balakrishnagandhi v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Balakrishnagandhi S/o.Kanthasamy ..Petitioner(s) Vs The State Rep By, The Inspector of Police Cyber Crime Police Station, Dharmapuri, Dharmapuri District.

(Crime No.23 of 2025) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of BNSS, seeking to enlarge the Petitioners on bail in the event of their arrest by the respondent in respect of Crime No.23 of 2025 on the file of the respondent. For Petitioner(s):

Mr.Camyles Gandhi W For Respondent(s):

Mr.A.Gopinath, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4) of the BNS, 2023, 66D of IT Amendment Act, 2008, (420 of IPC) in Crime No.23 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that, the petitioner along with the other accused cheated the defacto complainant who had invested nearly ten lakhs paid through online transactions. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He submitted that the first accused is the main accused who had cheated the money of the complainant and the petitioner has nothing to do with the same. He further submitted that there is no previous case pending against the petitioner. He also submitted that the petitioner is ready to abide by any stringent conditions imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent, reiterated the prosecution case and submitted that there was a money dispute between the parties. He further submits that the petitioner has no previous case against the petitioner. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner.

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

6. Considering the submissions made by the learned counsel on either side, nature of offences, and also considering the fact that there are no previous cases pending against the petitioner and though the occurrence had taken place in the year 2025, the respondent police has not taken any steps to secure the petitioner so far even after the petitioner had filed his first anticipatory bail application and since this is the second anticipatory bail application, I am inclined to grant anticipatory bail to the petitioner on certain conditions.

7. 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 of receipt of a copy of this order, before the Judicial Magistrate No.I, Dharmapuri, on condition that the petitioner shall execute 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 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:

[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 on every Saturday at 10.30 a.m., until further orders 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] the petitioner shall not leave India without the prior permission of the Court.

[f] 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]; [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S. 2023.

14-05-2026 Index: Yes/No Speaking/Non-speaking order ssa

To

1. The Inspector of Police, Cyber Crime Police Station, Dharmapuri, Dharmapuri District.

(Crime No.23 of 2025)

2. The Judicial Magistrate No.I, Dharmapuri.

3. The Public Prosecutor, High Court, Madras.

P.DHANABAL, J.

ssa 14-05-2026