Sulthan Jafir Ali v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sulthan Jafir Ali ..Petitioner(s) Vs The State Rep By, The Inspector of Police State Cyber Crime Investigation Centre, Chennai.
Crime No. 135 of 2025 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in Cr.No.135 of 2025.
For Petitioner(s):
Mr.Jahith Rifai for M/s.Rifai & Lee Advocates For Respondent(s):
Mr.S.Yogaraja Sekar Government Advocate (Criminal side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 29.04.2026 for the alleged offences under Sections 316 (2), 318 (4), 61 (2) of BNS, and Section 66 D of IT Amendment Act, 2008, in Crime No.135 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner, along with the other accused cheated the defacto-complainant through an online trading scam involving a sum of Rs.1,33,93,360/-. The amount was transferred to different
accounts, as suggested by the fraudsters under the pretext of investment in trading. Hence the case.
3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 29.04.2026. He further submitted that the co-accused / A1 and A7 have already been enlarged on bail by this Court on 08.06.2026 in Crl.O.P.No.14323 of 2026. Hence, he prays to grant bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner, along with the other accused, cheated the victim of a sum of Rs.1,33,93,360/- through online fraud. He further submitted the entire cheating took place only through the ID of Mohamed Aakil (A5). He further submitted that the petitioner holds a mule account that was used by A4 and A5. Hence, he opposed for grant of bail to the petitioner.
5.Though there are allegations of fraud against the petitioner, considering his incarceration since 29.04.2026, and the fact that co-accused have already been released on bail, this court is of the firm view that his further custody is not necessary. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned XI Metropolitan Magistrate, Saidapet, 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 petitioner shall report before the respondent police daily morning at 10.30 a.m. and evening at 05.30 p.m until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner 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 petitioner in accordance with law as if the conditions had been imposed and the petitioner 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];
C.KUMARAPPAN, J.
[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
17-06-2026 ep 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.XI Metropolitan Magistrate, Saidapet.
2.The Superintendent of Prison, Central Prison, Puzhal II.
3.The Inspector of Police State Cyber Crime Investigation Centre, Chennai.
4.The Public Prosecutor High Court of Madras