Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Saravanan ... Petitioner/Accused Vs The State represented by The Inspector of Police, Cyber Crime (Ccd III) Police Station, Pudukottai District (Crime No.8 of 2023).

... Respondent/Complainant For Petitioner : M/s.Jinnah.S.M.A, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.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/Accused, who was arrested and remanded judicial custody on 24.03.2023 for the offences punishable under Section 420 of IPC and Section 66(D) of IT Act @ 420, 120(B), 468 and 471 of IPC, Section 66(D) of IT Act and Sections 20, 21 and 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.

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3.The learned counsel for the petitioner submits that the petitioner is innocent and he is running a browsing centre at Coimbatore and he is innocent and he has not committed any offence as alleged by the respondent police. He would further submit that the co-accused has already been released on bail by this Court, dated 18.05.2023 in Crl.O.P.(MD)No.8967 of 2023. 4.The learned Additional Public Prosecutor appearing for the respondent submits that totally there are 20 accused involved in this case. All the sim cards were seized by the respondent police during investigation.

5.Taking into consideration the facts and circumstances of the case and also the fact that co-accused were already released on bail and also taking into consideration the period of incarceration, 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(of which one shall be a blood related surety) each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Pudukkottai District. (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/- 18/05/2023 / TRUE COPY / 19/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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sji TO 1 THE JUDICIAL MAGISTRATE NO.II PUDUKKOTTAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

4 THE INSPECTOR OF POLICE CYBER CRIME (CCD III) POLICE STATION, PUDUKOTTAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.JINNAH.S.M.A Advocate SR.No.7669

ORDER

IN CRL OP(MD) No.9228 of 2023 Date :18/05/2023 SS/MMS/SAR-III/19.05.2023/ 3P/ 7C 3/3