K.Kabildev v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR K.Kabildev Petitioner(s) Vs The State Rep by, The Inspector of Police, Cyber Crime Branch, Salem District.

Cr.No.10/2025.

Respondent(s) PRAYER This petition is filed under Section 483 of BNSS to grant bail to the petitioner in Cr.No.10/2025 on the file of the Inspector of Police, Cyber Crime Branch Police Station, Salem.

For Petitioner(s):

Mr.K.Prabhakaran For Respondent(s):

Mr.R.Vinothraja Govt. Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.06.2025, for the offence punishable under Sections 420 of IPC and 66(D) of IT Act in connection with Crime No.10 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner colluded with other accused, obtained money from the defacto complainant to the tune of Rs.1,60,000/- on a false promise of securing a pharmacist job in Dubai and Maldives. However, the job promise was not fulfilled and a forged visa was provided to the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. The learned counsel further submitted that the petitioner is suffering incarceration from 03.06.2025. However, on instructions, the learned counsel further submitted that without prejudice to petitioner's defence, on his own volition, petitioner is ready and

willing to deposit a sum of Rs.80,000/- to the Credit of Crime No. 10 of 2025. Hence, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the case is under investigation, at this stage, if the petitioner is released on bail, there are every possibilities for tampering the witnesses and hampering the investigation, thereby, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, 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 3 rd Judicial Magistrate, Salem and on further conditions that: [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, on everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation; [c] the petitioner shall deposit a sum of Rs.80,000/- (Rupees Eighty Thousand Only) to the credit of Crime No.10 of 2025 without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

[d]the petitioner shall make himself available for interrogation by a Police Officer as and when required;

[e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

30-06-2025 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 Inspector of Police, Cyber Crime Branch, Salem District.

2. The 3 rd Judicial Magistrate, Salem.

3. The Central Jail, Salem.

4. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

jai CRL OP No. 18365 of 30-06-2025