V. Stalin v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.35547 of 2025

1. V. Stalin

2. N.Sudhagar ... Petitioners

Versus

The State Rep by its, Inspector of Police Cyber Crime Police Station, Puducherry.

(Crime No.134 of 2024) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of their arrest in Crime No.134 of 2024, pending on the file of the Respondent police and pass orders.

For Petitioner :

Mr.K. Sivabalan for M/sV.Gayathri For Respondent :

Mr.M.V. Ramachandra Murthy Public Prosecutor (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 111, 318(4) of BNS, 2023 r/w Section 43 and 66 of I.T. Act, 2000 in Crime No.134 of 2024 seeks anticipatory bail.

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2. The allegation against the petitioner is that the petitioner joining hands with other accused involved in online trading and collected a sum of Rs.70.61 lakhs from the defacto complainant. Hence, the case was registered and subsequently was investigated and final report also filed, however further investigation ordered and during the investigation, it revealed that the 1st petitioner had alone collected a sum of Rs.27.26 lakhs and 2nd petitioner had alone collected a sum of Rs.8 lakhs. Hence, they have been added as an accused.

3. The learned counsel for the petitioner submitted that the petitioner is also victim in this case and the nature of investment itself is like a multilevel market and they are not benefited any money. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Public Prosecutor submitted that originally the case was registered in the year 2024 and the investigation concluded and final report also filed and further investigation ordered and it revealed that the petitioners also involved in the offence. Hence, opposed to grant anticipatory bail.

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5. Considering the nature and other circumstances and the fact that, initially, when the final report was filed, petitioner was not added as accused and subsequently, petitioner added as accused and also the fact that they are the 2nd layer of the multi level business and hence this Court is of the view that custodial interrogation of the petitioner is not required, hence this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (10) days from the date of receipt of a copy of this order before the learned Chief Judicial Magistrate Puducherry, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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;

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(b) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond 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 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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To

1. The Learned Judicial Magistrate, Puducherry.

2. Inspector of Police Cyber Crime Police Station,Puducherry.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

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