Jayesh Mehra v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.7279 of 2025 Jayesh Mehra ... Petitioner Vs.

The Inspector of Police, Cyber crime Police Station, Madurai District.

(Crime No.43 of 2024) ... Respondent For Petitioner : Mr.B.Sargunam For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.43 of 2024 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS, 2023 and Section 1/6

66(D) of the Information Technology Act, 2000 in Crime No.43 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the sum of amount Rs.1,23,674/- was fraudulently withdrawn through unauthorized online banking activity using phishing or impersonation techniques. The complainant did not authorize such transfer and became aware of the unauthorized debit only upon checking their account records. The said amount was found to have been credited into AU Small Finance Bank Account No.23012327466289902 which is held in the name of the petitioner. The account showed receipt of the following five separate transactions on 22.07.2024 for Rs. 50,000/-, Rs.20,000/-, Rs. 22,222/-, Rs.21,452, Rs.10,000/-. Upon receipt, the said proceeds were withdrawn in cash and/or transferred to third parties, ie.

, Rs.52,974/- paid in cash to Mr. Gagan Pathak, Rs.28,000/- paid to Mr. Shobhit Pathak, and Rs.42,700/- transferred via the account of Riya Mehra, the petitioner's sister to Mr.Shubham Sarathe. The modus operandi suggests that the petitioner was knowingly or unknowingly used as a mule account to receive and further disburse fraudulently obtained funds. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature.

5.This Court had directed the petitioner to deposit Rs.1,00,000/- in the crime number. Today, it is reported that the said amount is deposited. The learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.43 of 2024. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

6. Taking into consideration of the facts and circumstances of the case and since the petitioner has complied with the conditions imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted 3/6

is made absolute and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall 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.1, Madurai, within a period of fifteen days from the date on which the order copy made ready and on further conditions that: [a]the petitioner 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]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. [c]the petitioner shall not tamper with the 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 4/6

the petitioner is 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.

24.02.2026 TMG TO

1. The Learned Judicial Magistrate No.1 Madurai.

2.The Inspector of Police, Cyber crime Police Station, Madurai District.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.7279 of 2025 Date : 24.02.2026 6/6