S.Pandian v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Pandian.S ..Petitioner Vs State rep.by The Inspector of Police, Cyber Crime Police Station, Coimbatore city.

Cr.No.38/2026.

..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.38 of 2026 on the file of the respondent police, pending investigation. For Petitioner:

Mr.Swamisubramanian For Respondent:

Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 16.05.2026 for the alleged offences under Sections 318(4), 319(2) of BNS 2023 and U/s, 66D of IT (Amendment) Act 2008 in Crime No.38 of 2026 on the file

of the respondent police, seeks bail.

2. The case of the prosecution is that the de facto Complainant is a businessman who was added to a Whatsapp group named "CFD Trading/CFD Capitals". The de facto Complainant was made to believe that they are online trading platform based in London, on that belief and instructions from Unknown representatives of the above named Whatsapp group, the de facto Complainant has made various transactions from his bank Accounts, to various accounts on various dates to the tune of Rs.22,62,182/- and one of the transactions was made to the Petitioner to the tune of Rs. 15,00,000/-. The de facto complainant after a period of 6 months had come to an understanding that he was trapped by online fraud and money cheating by the unknown accused. Hence, the case.

3. The learned counsel for the petitioner submitted that even according to the prosecution, Rs.22 lakhs was cheated and through the petitioner's account, Rs.15 lakhs has been transacted. He further submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. The learned Govt Advocate (Crl.Side) strongly opposed the bail

application and contended that there are about seven NCR complaints against this petitioner. Hence, he opposed the grant of bail to the Petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), considering the age of the petitioner and the period of incarceration since 16.05.2026, under such circumstances, for the purpose of investigation, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. 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 Judicial Magistrate No.4, Coimbatore, 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 daily at 10.30 a.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 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];

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

23-06-2026 SHL 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 Judicial Magistrate No.4, Coimbatore

2. The Inspector of Police, Cyber Crime Police Station, Coimbatore city.

3. The Superintendent Central Prison, Coimbatore

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 23-06-2026