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Madras High CourtCRL OP(MD)/9365/2026granted

Theriraja v. The State Of Tamilnadu

2026-06-16Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Theriraja, S/o.Sekar, D No.451 Teachers Colony, Thalavaipuram, Rajapalayam Taluk, Virudhunagar District..

... Petitioner/Accused No.6 Vs The State of Tamilnadu Rep by, The Sub Inspector of Police, Cyber Crime Police Station, Virudhunagar District.

Crime No.20/2026.

... Respondent/Complainant For Petitioner : Mr.M Jothi Basu, Advocate.

For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-24AB For Anticipatory Bail in Crime No.

20/2026 on the file of the respondent Police. 1/7

ORDER : The Court made the following order :- The petitioner/A6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(5), 318(4) and 319(2) of BNS, 2023, and Sections 66C and 66D of IT Act and 42(3)(e) of Telecommunication Act in Crime No.20 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 01.09.2025, the defacto complainant purchased a vodafone sim card bearing Mobile No.84286 86519 and was used for about one month. After the verified period free net work expired and he stopped use the said sim card. Subsequently, the accused persons misused the defacto complainant's name and photograph fraudulently and obtained a jio sim card No.95148 65180 and used the same for committed various offence. Hence, the complaint. 2/7

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he was falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner. 4.The learned Counsel for State of TN (Criminal Side) appearing for the respondent police would submit that the petitioner has one previous case and the investigation is still pending. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged 3/7

against the petitioner and also considering the fact that the petitioner is employed as a salesman for Sim cards and though the petitioner has one previous case, in that case, he was released on bail and most of the investigation might have been completed and hence, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.I, Virudhunagar, Virudhunagar District, 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 4/7

Magistrate concerned and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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 as if the conditions have been imposed and the 5/7

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 B.N.S.

(P D B J) 16.06.2026 TO 1.The learned Judicial Magistrate Court No.I, Virudhunagar, Virudhunagar District.

2.The Sub Inspector of Police, Cyber Crime Police Station, Virudhunagar District.

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

6/7

P. DHANABAL,J., vsg

ORDER

IN CRL OP(MD) No.9365 of 2026 Date : 16/06/2026 7/7