Kowsalya v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.07.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Kowsalya, W/o.Mayilvahanan
...Petitioner / Sole Accused
Vs The State of Tamil Nadu, Rep by the Sub-Inspector of Police, Cyber Crime CCD-III, Virudhunagar District.
(Crime No.7 of 2025) ... Respondent / Complainant For Petitioner : Mr.A.Prasanna Rajadurai, Advocate.
For Respondent :
Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.7 of 2025 on the file of the respondent police. 1/7
ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 04.06.2025 for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, read with Section 66D of the Information Technology Act, 2000, as amended in 2008, in Crime No.7 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was introduced to the defacto complainant, Vijayalakshmi, through Facebook and falsely claimed to be a Minister in the Tamil Nadu Government, asserting that she could arrange Government jobs. Believing this representation, the defacto complainant sought a Government job for her son. The petitioner, in turn, demanded money, promising a job as an "EB Calculator" in the Electricity Board at Coimbatore. Acting on this assurance, the defacto complainant transferred a total sum of Rs.6,15,000/- to various bank accounts as instructed by the petitioner. However, no job materialized. When the defacto complainant inquired further, the petitioner blocked her on social media. Realizing that she had been cheated, the defacto complainant lodged a police 2/7
complaint, resulting in the registration of the present case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He would also submit that the petitioner has filed a memo today stating that she is willing to deposit a sum of Rs.2,50,000/- in connection with Crime No.7 of 2025 on the file of the respondent police. He would further submit that the petitioner is in custody from 04.06.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner had collected money under the pretext of securing a Government job and thereby cheated the defacto complainant. He would further submit that there are no previous cases against the petitioner. He would also submit that the investigation is still pending, and therefore, he opposes the grant of bail to the petitioner at this stage.
5. This Court has heard the learned counsel on both sides and perused the materials available on record.
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6. Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also taking note of the memo filed by the petitioner expressing willingness to deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only), this court is inclined to grant bail to the petitioner, however, subject to the following conditions:
7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.I, Virudhunagar, Virudhunagar District, 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 her residential address and mobile number to the learned Judicial Magistrate No.I, Virudhunagar, Virudhunagar District. If the petitioner changes his residential address, she shall report the same to the learned Judicial Magistrate No.I, Virudhunagar, Virudhunagar District. 4/7
[c] the petitioner shall deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) to the credit of the Crime No.7 of 2025 on the file of the respondent-police, before the learned Judicial Magistrate No.I, Virudhunagar, Virudhunagar District, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner and 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.7 of 2025. The Trial Court shall decide the entitlement to the deposit amount at the time of passing the final order or judgment.
[d] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders.
[e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[g] 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
8. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 03/07/2025 / TRUE COPY / 03/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO
1. The Judicial Magistrate No.I, Virudhunagar, 6/7
Virudhunagar District.
2. Do Through The Chief Judicial Magistrate, Virudhunagar District @ Srivilliputhur.
3. The Superintendent, Madurai Central Prison, (Special Prison for Women) Madurai District.
4. The Sub-Inspector of Police, Cyber Crime CCD-III, Virudhunagar District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.A.PRASANNA RAJADURAI, Advocate ( SR-7113[I] dated 03/07/2025 )
ORDER
IN CRL OP(MD) No.10818 of 2025 Date :03/07/2025 HPS/03.07.2025 /7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7