C.M.Praveenkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI C.M.Praveenkumar, S/o.Mahadevan

...Petitioner/Sole Accused

Vs The State of Tamilnadu rep.by The Inspector of Police, CCD-III, Cyber Crime Police Station, Thanjavur.

(Crime No.23 of 2025)

...Respondent/Complainant

For Petitioner :

Mr.G.Kesavan, Advocate.

For Respondent :

Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.23 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- 1/5

The petitioner/Accused, who was arrested and remanded to judicial custody on 02.06.2025 for the offences punishable under Sections 316(2) and 318(4) of BNS, 2023 r/w. Section 66D of IT Act in Crime No.23 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 03.01.2025, the accused communicated with the de-facto complainant through Facebook, canvassing him to purchase devotional products, and induced him to pay a sum of Rs.7,600/- through an online transaction. After receiving the amount via GPay, the accused is said to have refused further communication with the de-facto complainant, thereby cheating him. Hence, the present case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and is in no way connected with the offences as alleged by the prosecution. He has been falsely implicated in this case. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 02.06.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner is the sole accused in this case. He would submit that there are no previous cases registered against the petitioner. However, he opposed to grant bail to the petitioner.

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5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the petitioner was remanded to judicial custody on 02.06.2025, and that there are no previous cases registered against the petitioner, and considering the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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, Thanjavur and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.I, Thanjavur. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Thanjavur;

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., until further orders;

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[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 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]; and; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

sd/- 25/06/2025 / TRUE COPY / 25/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE JUDICIAL MAGISTRATE NO.I, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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3 THE OFFICER-INCHARGE, DISTRICT JAIL, PUDUKOTTAI. 4 THE INSPECTOR OF POLICE, CCD - III, CYBER CRIME POLICE STATION, THANJAVUR.

5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.10550 of 2025 Date :25/06/2025 NBF/25.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5