Madhivanan v. State Through The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Madhivanan

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Sub Inspector of Police, District Cyber Crime Police Station, Virudhunagar District (Crime No. 23 of 2024)

...Respondent/Complainant

For Petitioner : Mr.V.Johnson Yuvaraj For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.23 of 2024 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / A26, who was arrested and remanded to judicial custody on 12.02.2026 for the offences punishable under Sections 420 of IPC and Section 66D of Information Technology Act in Crime No.23 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that A1 introduced the defacto complainant in the online trading and on the instruction of A1 the defacto complainant had invested a sum of Rs.52,38,573.42 in the online trading . It was shown as the defacto complainant earned a sum of Rs.10,35,384.25 as profit and when the defacto complainant attempted to withdraw the amount, it was informed that after paying 10% tax only the amount can be withdrawn. Thus the defacto complainant was cheated by the petitioner and other accused to the tune of Rs.1,06,02,800/-. Hence the case.

3. The learned counsel for the petitioner would submit that the respondent police has registered a false case against the petitioner and he has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 12.02.2026.. Hence, he prays to grant bail to the petitioner.

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4. The learned Additional Public Prosecutor appearing for the respondent would submit that it is a case of cheating through online and the petitioner is a agent and there are totally 26 accused in this case and investigation is still pending and huge amount is involved in this case. Hence, he opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side and also the considering the fact that according to the case of prosecution the alleged occurrence had taken place on 28.04.2024 but the alleged First Information Report has been registered belatedly on 26.06.2024 and also considering the fact that no previous case is pending against the petitioner and also taking into consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: 3/6

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Virudhunagar and on further conditions that: [b] the petitioner shall report before the trial Court on all working days at 10.30 a.m.,and 5.30 pm., 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 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 her 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 4/6

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.

(P D B J) 07.04.2026 aav To 1.The Judicial Magistrate No.I, Virudhunagar 2.The Sub Inspector of Police, District Cyber Crime Police Station, Virudhunagar District

3. The Superintendent, Central Prison, Puzhal Jail, Chennai 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 5521 of 2026 Date : 07.04.2026 6/6