Preeti Nichcolas v. The State Of Tamil Nadu, Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI 1.Preeti Nichcolas, W/o.Daniel.

2.Meshach, S/o.Manickam.

..Petitioners/A7 & A8 Vs The State of Tamilnadu rep.by The Inspector of Police, CCD-III, Thanjavur, Thanjavur District.

(Crime No.15 of 2025) .. Respondent/Complainant For Petitioners : Mr.C.Suresh Kannan, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.15 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioners/A7 & A8 who were arrested and remanded to judicial custody on 01.06.2025 for the offences punishable under Sections 316(2), 318(4) of BNS and Section 66-D of Information Technology Act altered into Sections 111(4), 316(2), 318

(4) of BNS and Section66-D of Information Technology Act, in Crime No.15 of 2025 on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 26.10.2024 an unknown person contacted the defacto complainant over phone and canvassed the defacto complainant about offering scholarship to his son and insisted the defacto complainant to pay commissions of Rs.35,113/- through scanning QR code for the scholarship. After receipt the commission amount, the said unknown person refused to arrange the scholarship for the defacto complainant's son and thereby, cheated him. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 01.06.2025 nearly 60 days. Hence, they seek bail.

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4. The learned Government Advocate (Criminal Side) submitted that totally nine accused in this case and the petitioners arrayed as A7 and A8. Totally 686 online complaints received from various Districts and 513 sim cards and 448 IMEIs were used for this offence. There is a big scam of the persons called the victims through phone and stating that 'We are calling from State Government of Tamil Nadu, You are selected for scholarship, if you pay Rs.10,000/-, we are ready to give Rs.50,000/- scholarship or Rs.1 lakh'. By this way, they have cheated huge amount and the defacto complainant in this case gave Rs.35,113/-. He further submitted that the A1, who is the husband of the first petitioner, modus operandi is yet to be arrested and the petitioners are from Delhi and the investigation is in progress. He also submitted that the other accused already arrested and released on statutory bail. However, he opposed to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the arrested accused are released on statutory bail and the occurrence had taken place on 26.10.2024, by this time material part of the investigation might have been completed and also considering the fact that the petitioners/A7 & A8 are in judicial custody from 01.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:

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6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of 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 petitioners shall furnish his residential address and contact number to the learned Judicial Magistrate No.I, Thanjavur. If the petitioners change their residential address, they shall report the same to the learned Judicial Magistrate No.I, Thanjavur;

[c] the petitioners shall appear and sign before the respondent police daily i.e., 10.00 a.m., until further orders.

[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 4/6

learned Magistrate/Trial Court themselves 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 BNS.

sd/- 30/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1 THE JUDICIAL MAGISTRATE NO.I, THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT OF PRISON, CENTRAL PRISON (FOR WOMEN), TRICHY.

4 THE OFFICER INCHARGE, SUB JAIL, PUDUKKOTTAI.

5 THE INSPECTOR OF POLICE, CCD-III, THANJAVUR, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.12816 of 2025 Date :30/07/2025 AS/31.07.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6