Hassin Pakker v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15488 of 2025 Hassin Pakker Petitioner(s) Vs The State of Tamil Nadu Rep. by The Inspector of Police, Cyber Crime Police Station, Thoothukudi.

(Crime No.24 of 2025) Respondent(s) For Petitioner : Mr.J.Joseph Zinoson For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For Intervenor : Mr.M.P. Senthil PETITION FOR BAIL Under Sec.483 of BNSS ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 31.07.2025 for the offences punishable under Sections 318(4) of the BNS and 66(D) of IT Act in Crime No.24 of 2025 on the file of the 1/6

respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is A5. The allegation is that A1 made a phone call to the defacto complainant using a cellphone, introduced himself as an officer of the Enforcement Directorate (ED), and directed her to pay a sum of Rs.50,00,000 immediately, failing which she would be arrested. The defacto complainant subsequently transferred Rs.50,00,000 from her account to the account details provided by the accused. Hence, a case has been registered.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 29.07.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the specific overtact against this 2/6

petitioner is that he has received commission of Rs.75,000/- in Indian Rupee. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also 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 which should be blood relatives, each for a like sum to the satisfaction of the learned Judicial Magistrate. IV, Thoothukudi, and on further conditions that :- [a] The petitioner is directed to deposit Rs.1,00,000/- (Rupees One lakh only) to the Crime No.24 of 2025 on the file of the respondent police. After transferring the amount only, the petitioner may be released. [b] 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 3/6

pass Book to ensure their identity.

[c] The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.IV, Thoothukudi;

(d ) If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.IV, Thoothukudi;

[e] the petitioner shall report before the respondent police as and when required for interrogation; [f] the petitioner shall not abscond either during investigation or trial;

[g] the petitioner shall not tamper with evidence or witness either during investigation or trial; [h] 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 4/6

of Kerala [(2005)AIR SCW 5560];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

16-09-2025 [2/2] PJL To

1. The Judicial Magistrate. IV, Thoothukudi,

2. The Inspector of Police, Cyber Crime Police Station, Thoothukudi.

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

4. The Superintendent, District Jail, Perurani, Thoothukudi District.

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S.SRIMATHY,J.

PJL

ORDER

IN CRL OP(MD) No.15488 of 2025 Date : 15.10.2025 6/6