Sundharajulu v. State Rep By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-07-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR SUNDHARAJULU Petitioner Vs State Rep by, Inspector of Police, Cyber Crime Wing-II, Kancheepuram District.
Crime No. 16/2024.
Respondent PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner/Accused on bail in Crime No.16/2024 pending investigation before the respondent police station. For Petitioner:
Mr.C.Mohanraj For Respondent(s):
Mr.R.Vinothraja, GA (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 02.06.2025, for the offences punishable under Sections 420 of IPC r/w Section 66(D) of I.T Act in connection with Crime No.16 of 2024, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the defacto complainant while searching for matrimonial alliances through Tamil Matrimony in June 2023, he was allegedly cheated by the petitioner and other accused persons, who induced him to invest a sum of Rs.1,86,000/- in online trading, which he transferred, and subsequently suffered a financial loss. Hence, the case.
3. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. In-fact, the petitioner himself is a victim who lost a substantial amount of money and has no involvement in the purported inducement of the defacto complainant to invest in online trading. The learned counsel further submitted that the petitioner is suffering incarceration from 02.06.2025, and he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution's case and the investigation in this case is at
crucial stage, if the petitioner is released on bail, there is possibility of tampering the witnesses and hampering the investigation and opposed for grant of bail to the petitioner.
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 a sum of Rs.1,11,000/- to the credit of the Crime No.16 of 2024.
6. Considering the submissions made by both sides and the petitioner also willing to deposit an amount of Rs.1,11,000/- to the credit of Crime No.16 of 2024, 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 No.I, Kancheepuram District 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.1,11,000/- (Rupees One Lakh and Eleven Thousand only) to the credit of Crime No.16 of 2024 and shall produce the proof of payment before the learned Magistrate concerned at the time of executing the sureties. On such deposit, the defacto complainant is permitted to with draw the said amount, subject to outcome of the case, by filing an undertaking affidavit to that effect.
[c] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation; [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.
11-07-2025 jai Index:Yes/No Speaking/Non-speaking order Internet:Yes
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 Wing-II, Kancheepuram District.
2.The Judicial Magistrate No.I, Kancheepuram District.
3.The Central Prison, Vellore District.
4.The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
jai CRL OP No. 19689 of 11-07-2025