Alagar v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 30.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH Alagar ... Petitioner/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, Cyber Crime Police Station, Madurai City.

(Crime No.26 of 2024) ... Respondent/Complainant For petitioner : Mr.G.Pavendhan, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For Bail in Crime No.26 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 17.12.2024 for the alleged offences under Section 66D of the Information 1/5

Technology Act, 2008 and Section 420 of IPC, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the de facto complainant received a message on 26.12.2023 from a particular ID offering a part-time job, and a link was sent to the de facto complainant. Thereafter, the de facto complainant was instructed as to how he must conduct his part-time job. Initially, an amount of Rs.1,085/- was sent as commission to the de facto complainant. Subsequently, the de facto complainant was directed to deposit a minimum amount of Rs.10,000/- in order to continue the task. Accordingly, the de facto complainant started depositing money, and ultimately, a sum of Rs.5,89,790/- was deposited in various installments as per the instructions received, whereas the de facto complainant received back a sum of Rs.64,654/- and the balance amount of Rs.5,25,106/- was never received, and he was cheated. Based on the complaint given by the de facto complainant, an FIR was registered. The involvement of the petitioner came to light since his account was also involved. The petitioner has been arrayed as A7. As of now, 10 accused persons have been identified.

3. The learned Additional Public Prosecutor, on instructions, submitted that insofar as this case is concerned, a sum of Rs.19,862/- was able to be traced by the respondent police and this amount pertains to this case. However, it came to light 2/5

that a staggering amount of nearly Rs.60,00,000/- had been transacted in the account of the petitioner. Hence, further investigation is going on and several complaints have been received. The learned Additional Public Prosecutor further submitted that, except for this petitioner, the other accused persons could not be identified, and only their account details and telegram ID are available.

4. Heard the learned counsel on either side and perused the material records of the case.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 17.12.2024, and the involvement of the petitioner is borne out by his bank account, and no useful purpose will be served in keeping the petitioner in jail and it will not help the progress in the investigation, and also considering the fact that there is one previous case against the petitioner and other complaints are under investigation, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. 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 Judicial Magistrate No.1, Madurai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the 3/5

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 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/- 30/01/2025 / TRUE COPY / 30/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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JEN TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

4 THE INSPECTOR OF POLICE, CYBER CRIME POLICE STATION, MADURAI CITY.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1861 of 2025 Date :30/01/2025 SA/SAR. /30.01.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5