Manoj Prabakar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.05.2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD)No.8849 of 2023 Manoj Prabakar ... Petitioner/Accused rank not known Vs The State represented by The Inspector of Police, CCD-III, Cyber Crime Police Station, Pudukkottai (Crime No.8 of 2023) ... Respondent/Complainant For Petitioner : Mr.D.Ramesh Kumar For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.8 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/A12, who was arrested and remanded judicial custody on 24.03.2023 for the offences punishable under Sections 420, 120b, 468, 471 IPC r/w Section 66(D) of IT Act and Section 20, 21, 25 of the Telegraphic Act in Crime No.8 of 2023, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 17.11.2022, the defacto complainant received a SMS and link from one mobile number stating that his HDFS rewards will expires shortly. On the next day also he received the same message. Immediately, the defacto complainant touch the link and received OTP number and OTP number was put in the link. After few minutes, the defacto complainant received SMS from the Bank that Rs.24,418/- was debited from his account. Thereafter only he came to know that he was cheated. Hence, he lodged the present complaint.
3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he is working as Area Manager in a Reliance Jio Company and the petitioner never committed any offence as alleged by the respondent police.
4.The learned Government Advocate(Crl.side) appearing for the respondent submits that totally there are 20 accused involved in this case and the petitioner herein is arrayed as A12. All the sim cards were seized by the respondent police during investigation. 5.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties(one blood related surety) each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Pudukkottai.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
(ii)the petitioner shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m., for a period of three months and thereafter every Sunday at 10.30 a.m., for another period of two months for interrogation;
(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)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]. (vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 17/05/2023 / TRUE COPY / 17/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS
TO 1 THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.
3 THE INSPECTOR OF POLICE CCD-III CYBER CRIME POLICE STATION , PUDUKKOTTAI DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT PRISON, SIVAGANGAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8849 of 2023 Date :17/05/2023 SS/MMS/SAR /17/05/2023/3P/6C