Sermadurai v. The State Of Tamil Nadu Rep.By Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Sermadurai ..Petitioner(s) Vs The State of Tamil Nadu rep.by Deputy Superintendent of Police State Cyber Crime Investigation Centre, Cyber Crime Wing, Hqrs, Chennai.
Crime No.91/2025 ..Respondent(s) Prayer: This Criminal Original Petitions is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.91/2025 pending investigation on the file of the respondent police.
For Petitioner(s):
Mr.T.Balaji For Respondent(s):
Mr.R.Vinothraja, Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 26.03.2026 for the offences punishable under Sections 318(4), 319(2) read with Section 61(2) of BNSS Act and Section 66D of the IT Act in Cr. No.91 of 2025 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioner conspired with the other co-accused and contacted the de facto complainant through WhatsApp, lured him to invest in online trading on the false promise of higher returns, and subsequently cheated him to the tune of Rs. 3,18,97,120/-. Hence, the case.
3. The learned counsel for the petitioner contended that the respondent police have registered a false case against the petitioner. He further submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been in custody since 26.03.2026. He pointed out that co-accused A1 to A3 were already released on bail by the Principal Sessions Court, Chennai, and A4 and A5 have been granted anticipatory bail by this Court. Hence, he prayed that the petitioner may be released on bail.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner, who has been arrayed as A6, acted as an agent, collected bank accounts from various people, and handed over the mule account kits to cyber fraudsters to receive the defrauded money, for which he received a commission. He further submitted that the amount is yet to be recovered and no previous case is pending against the petitioner. Hence,
he strongly opposed the grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side, nature of offence, the overact leveled as against the petitioner, the co-accused were already granted bail and there is no previous case pending against the petitioner and also considering the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned XI Metropolitan Magistrate, Saidapet and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
[c] the petitioner shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;
[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or
tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
13-05-2026 Index: Yes/No Speaking/Non-speaking order JAI 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 Deputy Superintendent of Police State Cyber Crime Investigation Centre, Cyber Crime Wing, Hqrs,
Chennai.
2. The XI Metropolitan Magistrate, Saidapet.
3. The Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
P.DHANABAL, J.
JAI 13-05-2026