Arun v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.12165 of 2025 Arun ... Petitioner Vs.

The State Rep. by the Inspector of Police, Cyber Crime Wing (CCW) Police Station, Madurai.

(Crime No.10 of 2025) ....Respondent For Petitioner : Mr.A.N.Ramanathan For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.10 of 2025 on the file of the first respondent police.

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ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS and Section 66 D of Information Technology (Amendment) Act, 2008, in Crime No.10 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the complainant invested Rs. 50,89,579/- into various bank accounts between 02.01.2025 and 13.02.2025. But he was unable to withdraw any money. Hence, this case. 3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. Further, the 1st accused was arrested and released on bail. 5.Considering the facts and circumstances of the case, this Court is 2/6

inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Magistrate No.1, Madurai, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only), to the credit of Crime No.

10 of 2025 before the learned Judicial Magistrate No.I, Madurai. After receipt of entire amount, 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.10 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

[c]Since the petitioner is a student, the petitioner shall report before the respondent police at 10.30 a.m., on every Saturday and Sunday for a period of four weeks and thereafter, as and when required. [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond 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 is 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 of BNS.

04.11.2025 TMG 4/6

TO

1. The Judicial Magistrate No.1, Madurai.

2. The Inspector of Police, Cyber Crime Wing (CCW) Police Station, Madurai.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.12165 of 2025 Date : 04.11.2025 6/6