E.Jayaraman v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA E.Jayaraman ... Petitioner Vs.
The State rep. by The Inspector of Police, Cyber Crime Police Station, West Zone Anna Nagar, Chennai - 600 040.
Cr. No.158 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to release the petitioner on bail in Crime No.158 of 2024 pending on the file of the Inspector of Police, Cyber Crime Police Station, West Zone Anna Nagar, Chennai - 600 040.
For Petitioner :
Mr.R.Vimal For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.158 of 2024 registered for 1/5
the offences punishable under Sections 420 IPC and 66D of IT Act, 2008 is on board for consideration.
2.The incarceration of the petitioner being from 26.10.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner has been trapped into this case by the main accused, believing the main accused, he had given his bank account, whereas it was misused by the main accused. He also submits that other than receiving a sum of Rs.67,000/- by way of cash the petitioner has not involved in any offences as alleged by the prosecution. He also submits that the petitioner is permanently residing at Pondicherry and he is ready to abide by any stringent condition that may be imposed by this court.
3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner had cheated the de facto complainant on the pretext of getting online job and received a sum of Rs.67,000/- from the de facto complainant.
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4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XI Metropolitan Magistrate, Saidapet, Chennai, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the Thirupuvanai Police Station every day at 10.30 a.m., and before the respondent police on every Saturday at 06.30 p.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on 3/5
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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 26.11.2024 sai 4/5
A.D.JAGADISH CHANDIRA., J.
sai To 1.The XI Metropolitan Magistrate, Saidapet, Chennai 2.The Inspector of Police, Cyber Crime Police Station, West Zone Anna Nagar, Chennai - 600 040.
3.The Superintendent, Central Prison, Madurai 4.The Public Prosecutor, High Court of Madras.
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