1.Syed Ibrahim v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

1. Syed Ibrahim

2. Taha @ Mohamed Thaha Yaseen hameem .. Petitioners Vs.

State represented by The Inspector of Police, CCD-I, Cyber Crime Police Station, Central Crime Branch, Chennai.

Crime No.226 of 2003 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No.226 of 2003 on the file of the respondent police. For Petitioner : Mr. K.Jayachandiran For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 01.07.2025, for the offence punishable under Sections 120(b), 420 IPC, r/w 20 of Indian Telegraphic Act registered in Crime No.226 of 2003 on the file of the 1/6

respondent, seeks bail.

2. The case of the prosecution is that in the case in Crime No.226 of 2003 was filed against the petitioner by Cyber crime Police Station, Central Crime Branch Chennai. Thereafter, investigation was completed and charge sheet filed before the CCBCID Court, Egmore, Chennai. Later, the case was transferred to ACMM Court, Egmore Chennai. Now, the case has been transferred to XI MM Court, Saidapet in C.C.No.1347 of 2024. Thereafter, they took years for filing final report. It is transferred on administrative ground for two other cases. Petitioner is not aware of the filing of the final report and there is no material about the refusal of summons in this case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is ready and willing to furnish sureties and would not abscond or evade the process of law. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.side) appearing for the respondent police, submitted that the NBW was issued on 06.09.2024 and executed on 01.07.2025. Hence, he strongly opposed to grant bail to the petitioner.

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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, 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/her 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 XI Metropolitan Magistrate, Saidapet 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 trial Court on all hearing dates without fail.

[c] The petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] 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, she shall 3/6

comply to the directions as may be given by the Court in this regard;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 01.08.2025 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.

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To

1. The XI Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police CCD-1, Cyber Crime Police Station, Central Crime Branch, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

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