M Madasamy v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR M.Madasamy ... Petitioner Vs.
State rep by Inspector of Police, Villupuram CCD II, Villupuram Police Station, Villupuram District (Cr.No.13 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in concern Crime No.13 of 2025 on the file of the respondent police. For Petitioner : Mr.R.Venkatraman For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl.Side) 1/7
O R D E R
The petitioner/A1, who was arrested and remanded to judicial custody on 04.06.2025, for the offences punishable under Section 318(4) of BNS r/w 66D of IT Act in connection with Crime No.13 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution as per the defacto complainant one Ganesh is that he is doing business in the name of Ganesh Jewellery and with regard to his marriage, he recorded his details in the Matrimonial Website of Mudaliyar Shaadi, one lady seems to have showed interest for getting married with the complainant and there was chatting with the lady. Later, the said lady has proposed that they have to develop their financial status and she asked him to download particular App and accordingly, he opened the App and she sent message to the complainant that how to get huge profit by investing small amount in the trading. The defacto complainant believing her words, paid a sum of Rs.84,43,500/- through bank account and G.Pay to her in 16 instalments, but she did not return the amount to the complainant and cheated him, hence he lodged a complaint.
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3. The learned counsel for the petitioner submitted that the petitioner has completed 12th Standard and thereafter he is doing menial works . One of his friends had taken his bank details promised that a loan can be arranged. Believing the said words, he had given his details. Now, it has been projected that the account has been used by the other accused for online trading and cheated several persons to the tune of Rs.84,43,500/-. He further submits that petitioner is prepared to comply with any stringent conditions this Court may impose. He, therefore, prayed that bail be granted.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that in this case the defacto complainant had approached the matrimonial website and got link to matrimonial website, an unknown lady got introduced who had been regularly chatting and getting details of the defacto complainant and later she introduced him to on-line trading thereby the defacto complainant had deposited Rs.84,43,500/- thorough sixteen transactions to the accounts which has been mentioned by that lady. The petitioner is one of the new account holders who had facilitated in the petitioner's account a sum of Rs.43,500/- .
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5. At this juncture, the learned counsel for the petitioner submitted without prejudice to his rights and the defence, the petitioner is ready to deposit the said amount to the credit of the Crime No.13 of 2025.
6. Considering the nature of allegations and the submission that the petitioner is willing to deposit an amount of Rs.43,500/- to the credit of Crime No.13 of 2025, 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 executing his bond for a sum of Rs.10,000/- with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court-I, Villupuram 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 is directed to deposit a sum of Rs.43,500/- (Rs.Forty Three thousand and five hundred only) to the credit of Crime No.13 of 2025 and shall produce the proof of payment before the learned Magistrate concerned at the time of executing the sureties. 4/7
The learned concerned Magistrate shall deposit the same in the interest bearing fixed deposit scheme in any one of the nationalized banks.
[c] the petitioner shall report before the respondent Police everyday at 10.30 a.m., until further orders; [d] the petitioner shall make themselves 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.
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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-I, Villupuram.
2.The Inspector of Police, Villupuram CCD II, Villupuram Police Station, Villupuram District 3.The Jail, Villupuram 4.The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
Vv 07.07.2025 7/7