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Madras High CourtCRL OP/17969/2025granted

Loganathan v. State Rep. By Its

2025-06-23Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Loganathan ... Petitioner Vs.

State by:- The Inspector of Police, East Xone Cyber Crime Police Station, Chennai -21.

(Crime No.18 of 2025) ... Respondent PRAYER: This Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.18 of 2025 on the file of the respondent police.

For Petitioner :

Mr.M.Nagaraj For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 03.06.2025, seeking bail in Crime No.18 of 2025 registered for the offence under Sections 318(4) of BNS, 2023 & Under Section 66 D of Information Technology (Amendment) Act, 2008.

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2.The case of the prosecution is that the accused contacted the defacto complainant through Telegram and stated that he would give USDT one rupee less than the exchange price, believing his words, the defacto complainant had deposited a sum of Rs.9,40,000/-, however the accused have not given any currency. Hence, the case. 3.Learned counsel appearing for the petitioner submitted that the the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. 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 for the grant of bail to the petitioner.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

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6.Considering the nature of allegations and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner shall deposit a sum of Rs. 5 lakhs to the credit of Crime No.18 of 2025 and on such donation the petitioner shall release 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 XI Metropolitan Magistrate, Saidapet, Chennai and on further conditions that:

[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 shall deposit a sum of Rs. 5 lakhs to the credit of Crime No.18 of 2025 before the learned XI Metropolitan Magistrate, Saidapet, Chennai [b] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

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[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 229A IPC.

23.06.2025 Sma Page No.4 of 6

Copy to:

1. XI Metropolitan Magistrate, Saidapet, Chennai

2. The Inspector of Police, East Xone Cyber Crime Police Station, Chennai -21.

3. The Superintendent, Central Prison, Puzhal, Chennai

4. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN , J.

sma 23.06.2025 Page No.6 of 6