Karuppannan v. The State Rep By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Karuppannan ... Petitioner Vs.

The State Rep by its, The Inspector of Police, Cyber Crime Wing, CCW-II, Nilgiris District, Nilgris.

Crime No.17 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.17 of 2025, on the file of Inspector of Police, CCW-The Nilgiris, CCWII/Respondent police. For Petitioner :

Mr.T.Shanmugam For Respondent :

Mr.A.Gopinath, Government Advocate (Criminal Side) ************ 1/6

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS) and Section 66D of the Information Technology Act, as registered on the file of the respondent police, and therefore seeks anticipatory bail.

2. The allegation against the petitioner is that he, along with other accused persons, conducted an online trading business and collected a sum of Rs.9,16,501/-. Hence, a complaint was registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner's bank account was used by the first accused in connection with the alleged transactions and that the petitioner did not derive any benefit therefrom. It was further submitted that a loan amount of Rs.33,00,000/- was transferred to the said account and that the petitioner is willing to return the same. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution's case and submitted that a total amount of Rs.9,16,501/- is involved in this case and that the petitioner, along with the other accused, jointly committed the offence. It was further 2/6

submitted that A1 has already been arrested and released on bail, and that the present petitioner had assisted A1 in the commission of the offence. Hence, he 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 nature of the allegations and the fact that the co-accused-A1 has already been arrested and released on bail and major allegations are only against A1, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Udhagamandalam, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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[b] 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;

[c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 14.10.2025 nvi 4/6

To 1.The Judicial Magistrate, Udhagamandalam 2.The Inspector of Police, Cyber Crime Wing, CCW-II, Nilgiris District, Nilgris.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J., nvi 14.10.2025 6/6