A.Andrewth v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.12.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP.No.36168 of 2025 A.Andrewth ... Petitioner Vs State rep. By The Inspector of Police, CBCID PS, Tiruvarur, Tiruvarur District.

[Cr.No.01 of 2024] ... Respondent PRAYER: Criminal Original Petition filed under 483 of BNSS Act, 2023 to enlarge the petitioner on bail in connection with Crime No.01 of 2024, pending investigation on the file of the respondent. For Petitioner : Mr.P.Krishnan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner/accused A8, who was arrested and remanded to judicial custody on 08.11.2025 for the offence punishable under Sections 120B, 420, 368, 371 of Indian Penal Code, 1860 @ 24 r/w Section 10 of Immigration Act, in Crime No.01 of 2024 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the defacto complainant paid a sum of Rs.2,30,000/- to the accused on the promise of securing a job in Cambodia and was taken there on 15.04.2023, where he was forced to engage in cyber crime activities. After returning to India and being denied refund of the amount, he lodged a complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated and there is no specific allegation against him in the complaint. It is submitted that the petitioner's name does not find place in the FIR in Crime No.1 of 2024 and he has been implicated only on the basis of the confession statement of a co-accused. Hence, he seeks bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the allegations are serious in nature involving cheating and forcing the defacto complainant to engage in cyber criminal activities abroad. It is submitted that the investigation revealed the involvement of the petitioner and that he was not available in India, due to which a Look Out Circular was issued. Hence, he opposed to grant bail to the petitioner.

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5.

Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the rival submissions made by the learned counsel on either side, the nature of the offence, the period of incarceration undergone by the petitioner, the fact that the co-accused have been enlarged on bail and also the fact that though he has one previous case which is subsequent to the present case and in that case, the petitioner has already been granted bail, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

[a] Accordingly, the petitioner is ordered to be released on bail on his 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 Chief Judicial Magistrate Thiruvarur, and on further conditions that:- [b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or 3/6

trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

30.12.2025 nsl/veda 4/6

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 Chief Judicial Magistrate, Tiruvarur

2. The Inspector of Police, CBCID PS, Tiruvarur, Tiruvarur District.

3. The Sub Jail, Nagapattinam

4. The Public Prosecutor, High Court of Madras. 5/6

P.DHANABAL ,J, nsl/veda CRL.OP.No.36168 of 2025 30.12.2025 6/6