Jamal Nazeem v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Jamal Nazeem, S/o.Malik Basha, ... Petitioner/Accused No.13 Vs The State of Tamilnadu, Rep by the Inspector of Police, City Crime Branch Police Station, Madurai City.

(Crime No.27 of 2025) ... Respondent/Complainant For Petitioner : M/s.B.Muthumari For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.27 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 28.07.2025 for the offences punishable under Sections 409, 465, 466, 468 and 477-A of IPC and r/w.Sections.66C & 66D of Information Technology Act, 2000, in Crime No.27 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that some of the Madurai Corporation 1/5

employees without getting a proper permission from the concerned officers, they have independently used user ID and password of Corporation Office computer and levy lesser tax amount from the building owners. The defacto complainant namely the Corporation Commissioner, lodged a complaint on 10.09.2024 stating that he had constituted a team to investigate unauthorized use of user IDs and passwords in the computer system to change or reduce taxes. Hence, the case.

3. The learned counsel for the petitioner would submit that this petitioner was worked as temporary employee in the Corporation. This petitioner acted along with Accused No.10 Karunakaran and one Mahapandi. This petitioner worked only for one year and four months. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 28.07.2025, nearly 45 days. Hence, he seeks bail.

4. The learned Additional Public Prosecutor would submit that this petitioner worked as Data Entry Operator in a contract basis. This petitioner acted along with Accused No.10 and one Mahapandi. In this case, investigation is still in progress. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that this petitioner is a contract based employee, he assisted the 2/5

Accused No.10, therefore his role seems to be minimum in this case, this petitioner co-operated with the investigation, this petitioner is in judicial custody for a period of 45 days and considering the period of incarceration suffered by the petitioner, 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, Madurai, 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 mobile number to the Judicial Magistrate No.I, Madurai. [c] If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.I, Madurai. [d] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter he shall report before the respondent police as and when required for interrogation. The petitioner shall co-operate for the investigation. 3/5

[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.

[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 BNS.

sd/- 11/09/2025 / TRUE COPY / 11/09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn To

1. The Judicial Magistrate No.I, Madurai.

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2.Do Through The Chief Judicial Magistrate, Madurai District.

3. The Superintendent, Central Prison, Madurai.

4. The Inspector of Police, C.C.B Police Station, Madurai District.

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

+1 CC to M/s.B.MUTHUMARI, Advocate ( SR-9925[I] dated 11/09/2025 )

ORDER

IN CRL OP(MD) No.14830 of 2025 Date :11/09/2025 SBN/11.09.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5