Aluko Oluwa Tobi Jhones v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Aluko Oluwa Tobi Jhones ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Cyber Crime Branch Police Station, Trichy City.

(Crime No. 22/2022.) ... Respondent/Complainant For Petitioner :

Mr.B.Jameelarasu, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.22 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 05.11.2024 for the offences under Sections 419, 420, 468 and 471 of IPC 1/5

and Section 66-C, 66-D of Information Technology Act r/w 14(A) of Foreigners Act, 2008 in Crime No.22 of 2022 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that the defacto complainant was a Doctor by profession. The accused persons are said to have approached the defacto complainant and promised to get him a job in United States in a multi speciality hospital. Believing the same, the defacto complainant parted with a sum of Rs.1.17 Crores. Later, he realized that he has been cheated by the accused persons. The petitioner has been arrayed as Accused No.1 in this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner was remanded to judicial custody on 05.11.2024 and he has remained in jail for more than 60 days and therefore, he is entitled for statutory bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner is a Nigerian citizen. He further submitted that a sum of Rs.46 Lakhs was transferred to the name of the petitioner's wife and till date, the petitioner's wife is not able to be secured. He further submitted that the petitioner is involved in yet another crime of similar nature.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration for more than 60 days and the investigation is pending and the petitioner is entitled for statutory bail 2/5

and taking note of the fact that there is one previous case against the petitioner , this Court is inclined to grant bail to the petitioner subject to the following conditions.

6. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on 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 Judicial Magistrate No.V, Trichirappalli 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 stay in the Special Camp at Trichirappalli until further orders and the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

[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 3/5

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 BNS, 2023.

sd/- 06/01/2025 / TRUE COPY / 06/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Judicial Magistrate No.V, Trichirappalli.

2.Do through the Chief Judicial Magistrate, Trichirappalli District.

3.The Inspector of Police, Cyber Crime Branch Police Station, Trichy City.

4.The Superintendent, Central Prison, Trichy District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

Copy to:

The Officer Incharge, Special Camp at Trichirappalli.

ORDER

IN CRL OP(MD) No.93 of 2025 Date :06/01/2025 ED/ /SAR- (06/01/2025) 5P / 7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5