Saravanan v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Saravanan ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Cyber Crime Police Station, Madurai District.
(Crime No. 55 of 2024).
... Respondent/Complainant For Petitioner :
Mr.K.Ramar, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 55 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 29.11.2024 for offences under Section 66(D) of IT Act and Section 318(4) of BNS, 2023 in Crime No.55 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the defacto complainant received a spam 1/4
call from a mobile number offering part time job in Google services. The defacto complainant believed the same and gave bank particulars. Initially the defacto complainant had sent a sum of Rs.150/-, for which, a sum of Rs.500/- was credited to her account. Believing the same, the defacto complainant had sent a total sum of Rs.51,63,440 and only a sum of Rs.23,750/- was credited and the balance amount was not given and the defacto complainant was cheated.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 29.11.2024 and the petitioner will be entitled for statutory bail in another week and the investigation has not been completed in this case, this Court is inclined to grant bail to the petitioner subject to the following conditions.
5. 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.I, Madurai 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 2/4
Book to ensure their identity.
[b] 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 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/- 22/01/2025 / TRUE COPY / 22/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TSG 3/4
TO 1 THE JUDICIAL MAGUSTRATE NO.I, MADURAI 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, CYBER CRIME POLICE STATION, MADURAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.RAMAR, Advocate ( SR-623[I] dated 22/01/2025 )
ORDER
IN CRL OP(MD) No.690 of 2025 Date :22/01/2025 RS/IT/SAR-(22.01.2025) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4