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Madras High CourtCRL OP(MD)/2567/2026granted

P.Raja v. The State Of Tamilnadu

2026-02-09Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY P.Raja, ... petitioners in Crl.OP(MD)No.2567/2026 A.Mohanraj, ... petitioners in Crl.OP(MD)No.2568/2026 Vs The State of Tamilnadu, Rep by the Inspector of Police, CCD-III, Cyber Crime, Madurai.

Crime No.71/2025..

... Respondent in both Crl.O.Ps Petitions filed under Section 483 BNSS.

COMMON PRAYER :- For Bail in Crime No.71/2025 on the file of the respondent Police. For petitioners : Mr.M Silambarasan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/6

COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 24.12.2025 for the offences punishable under Sections318(4) BNS and 66D of Information Technology Act, in Crime No.71 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 10.11.2025, the accused persons contacted the defacto complainant over phone and threatened him that the defacto complainant is indulged in some illegal activities and he is under digital arrest and they have collected all the personal details of the defacto complainant from digital arrest and accordingly, the defacto complainant transferred a sum of Rs.60,72,000/- to the account numbers as directed. Thereafter, the defacto complainant came to know that he was cheated by the accused. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may 2/6

be imposed by this Court and they are in judicial custody from 24.12.2025. Hence, he seeks bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the accused persons contacted the defacto complainant over phone, alleged that he was involved in illegal activities and placed him under so-called 'digital arrest.' By claiming possession of his personal details, they intimidated him and induced him to transfer a sum of Rs.60,72,000/- to various bank accounts as instructed by them. He further submitted that the petitioners are not having any previous case, however, the investigation is still pending.

5. Taking into consideration of the facts and circumstances of the case and also consideration the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on interim bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten 3/6

Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.I, Madurai, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] Each of the petitioner shall make a deposit of Rs.3,00,000/- (Rupees Three Lakhs only) to the credit of Crime No.71 of 2025 before the Judicial Magistrate No.I, Madurai, without prejudice to their contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioners;

[c]the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial.

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[e]the petitioners shall not abscond either during investigation or trial.

[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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 of BNS.

09.02.2026 LS TO

1. The Judicial Magistrate No.I, Madurai.

2. The Inspector of Police, CCD-III, Cyber Crime, Madurai.

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

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S.SRIMATHY,J LS

ORDER

IN CRL OP(MD) Nos.2567 & 2568 of 2026 Date : 09/02/2026 6/6