Prasanth Maharaja v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Prasanth Maharaja ... Petitioner Vs.

The State represented by, The Inspector of Police, PS Cyber Crime Puducherry.

Crime No. 117 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No. 117 of 2024 on the file of The Inspector of Police, PS Cyber Crime,Puducherry. For Petitioner :

M/s. C.D.Sugumar For Respondent :

Mr.K.S.Mohandass Public Prosecutor(Puducherry) Assisted by M/s.N.Danalatchoumy.

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O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 66 D of Information Technology Act and Section 420 of IPC in Crime No. 117 of 2024, on the file of the respondent Police, seeks anticipatory bail.

2. On the complaint given by one Vadivel alleging that he was allowed by the petitioner herein providing spa facility and collected a sum of Rs.10,000/- without providing any service been cheated and the case is registered against the petitioner in Crime No. 117 of 2024 for the offences under Section 420 of IPC and Section 66D of Information Technology Act, 2000.

3. The learned counsel for the petitioner states that the petitioner has been falsely implicated in the above case. He has not involved in any of the offences as alleged in the complaint. The ICICI bank account to which the defacto complainant alleged to have sent money does not have belong to the petitioner and the mobile number to which the de facto complainant contacted also does not belong to the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

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4. The learned Public Prosecutor (Puducherry) states that the ICICI bank account stood in the name of one Ritish, but the said account was operated by this petitioner. The CCTV footage regarding the usage of ATM card of the said account clearly proves that the petitioner herein has involved in the cyber crime of fraudulently cheating persons by offering massage facility. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the nature of the complaint and the counter filed by the respondent, this Court is inclined to grant anticipatory bail to the petitioner herein on condition that the petitioner shall deposit a sum of Rs.10,000/- to the credit of Crime Number.117 of 2024 within a period of 10 days from the date of receipt of a copy of this order. On such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 10 (ten) days from the date of receipt of a copy of this order, before the learned Chief Judicial Magistrate Court, Puducherry on condition that the petitioner shall execute 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 Magistrate concerned and on further condition that: 3/6

(a) If the petitioners fails to surrender before the concerned Magistrate, within a period of 10 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[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 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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];

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

25.08.2025 nr To 1.The Chief Judicial Magistrate Court, Puducherry

2. The Inspector of Police, PS Cyber Crime Puducherry.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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