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Madras High CourtCRL OP(MD)/19022/2025granted

Subramanian @ Guru Karthick v. The State Of Tamilnadu Rep By

2025-10-31Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.19022 of 2025 1.Subramanian @ Guru Karthick 2.Sankar Ganesh ... Petitioners Vs The State of Tamilnadu, Rep by the Inspector of Police, Cyber Crime Police Station, Pudukottai District.

(Crime No.16 of 2025) ... Respondent/Complainant For Petitioners : Mr. V.Vijayendiran For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.16 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 14.10.2025 for the offences punishable under Section 318(4) of BNS r/w Section 66 of Information Technology (Amendment) Act, in Crime No. 16 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners and other accused were carrying out online stock market trading business through "GROWW" application with concern, knowledge and permission of the defacto complainant by using de-mat account, subsequently, during the initial days of trading, the defacto complainant was receiving some profit and the profit was withdrawn by him. Thereafter, in due course of trending with the de-mat account of the defeacto complainant, when he incurred some loss, he made a false complaint against the petitioners. Hence, the present petition.

3. The learned counsel for the petitioners further submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. The petitioners are in judicial 2/6

custody from 14.10.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Crl. side) submitted that the petitioners have no previous cases and the petitioners are in custody for the past 15 days. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and since it seems there is a de-mat account transaction and the petitioners are in judicial custody for more than 15 days, and also considering the period of incarceration suffered by the petitioners and the nature of the crime, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

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 the learned Judicial Magistrate No.II, Pudukkottai, and on further conditions that :- 3/6

[a] the petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.

[e] 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].

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

31.10.2025 PJL To

1. The Judicial Magistrate No.II, Pudukkottai.

2. The Superintendent, District Jail, Pudukkottai.

3. The Inspector of Police, Cyber Crime Police Station, Pudukottai District.

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

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S.SRIMATHY,J.

PJL

ORDER

IN CRL OP(MD) No.19022 of 2025 Date : 31.10.2025 6/6