High Court · 2025

CRL OP(MD). No.12353 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Date : 13.08.2025PRESENTTHE HONOURABLE MR. JUSTICE P.VADAMALAICRL OP(MD). No.12353 of 2025Murali ... Petitioner/ Accused VsThe State of Tamilnadu,Rep by the Inspector of Police,Cyber Crime City Police Station,Tiruchirapalli District.(Crime No.10 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Manoharan For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.10 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 on03.06.2025 for the offences punishable under Sections 3(5), 319(2), 318(4), 336(3) and340(2) of BNS and 66D, 84(B) of Information Technology Act 2008, in Crime No.10 of2025 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the defacto complainant received awhatsapp call from cell No.917751011475 on 04.06.2024, informing that the speaker1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12353 of 2025is Gowrav Sukla, Sub Inspector of Bardra Kurla Cyber Crime Police Station, anamount of 25 Crores transferred by using defacto complainant's Aadhaar Card, DCMilinth Barambe will enquire him, a case was registered in MHC 1306 of 2024 andthe case is pending at Mumbai High Court, non bailable warrant was issued againstthe defacto complainant, hence, he should appear in person. While replying thedefacto complainant said his difficulty in appearing, the person talked in whatsappin police uniform through video call, insisted to send the money in defactocomplainant's account to RBI Government Agency bank accounts which would bereturned after investigation, believing the same, the defacto complainant, sentRs.31,51,000/- to the four ICICI bank accounts and one AXIS bank account from hisICICI bank account No.016901569262 (IFSC ICIC0006125) by RTGS and NEFT in 6transactions on 30.09.2024, later it was found that the documents sent by speaker areforged and could not able to contact them. Hence, the complaint.3. The learned counsel for the petitioner submitted that the petitioner is aninnocent person and he has not committed any offences as alleged by theprosecution. He further submitted that the petitioner is ready and willing to deposita sum of Rs.2,00.000/-(Rupees Two Lakhs only) to show his bonafide and also fileda memo to that effect. He further submitted that the petitioner is ready and willingto abide by any conditions which may be imposed by this Court. He further2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12353 of 2025submitted that the petitioner is in judicial custody from 03.06.2025 and there is noprevious case pending against the petitioner. Hence, he seeks bail to the petitioner.4. The learned Government Advocate (Criminal Side) submitted that theaccused persons have cheated the defacto complainant to the tune of Rs.31,51,000/-He further submitted that A1/Mathi was arrested on 13.08.2025 and the petitionerhas received a sum of Rs.5,00,000/-(Rupees Five Lakhs only) through Cheque. Hefurther submitted that the investigation is almost completed and there is noprevious case pending against the petitioner. However, he opposed for grant of bailto the petitioner.5. Taking into consideration of the facts and circumstances of the case and alsothe fact that the petitioner is ready and willing to deposit a sum of Rs.2,00,000/-(Rupees Two Laksh only) to show his bonafide and there is no previous casepending against the petitioner and the investigation has been almost completed andalso consideration the period of incarceration suffered by the petitioner, this Court isinclined to grant bail to the petitioner, subject to the following conditions: 6. Accordingly, the petitioner is ordered to be released on bail on executing abond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with twosureties, each for a like sum to the satisfaction of the learned Judicial MagistrateNo.V, at Trichirappalli, and on further conditions that :- 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12353 of 2025[a] the sureties shall affix their photographs and Left ThumbImpression in the surety bond and the Magistrate may obtain a copy oftheir Aadhar card or Bank pass Book to ensure their identity.[b] The petitioner shall furnish his residential address and mobilenumber to the learned Judicial Magistrate No.V, at Trichirappalli.(c )If the petitioner changes his residential address, he shall reportthe same to the learned Judicial Magistrate No.V, at Trichirappalli.(d) the petitioner is directed to deposit a sum of Rs.2,00,000/-(Rupees Two Lakhs only) to the credit of Crime No.10 of 2025 before thelearned Judicial Magistrate No.V Trichirappalli. On such deposit, thelearned Judicial Magistrate No.V, Trichirappalli, shall accept the suretiesfurnished by the petitioner. After receipt of entire amount, the learnedJudicial Magistrate No.V, Trichirappalli shall deposit the said amount inan interest bearing Fixed Deposit in any nationalized Bank initially for aperiod of one year and renew them periodically until the finalorder/Judgment is passed in the case in Crime No.10 of 2025. Thelearned Judicial Magistrate or Trial Court shall pass orders regardingentitlement of the said amount in its final order/Judgment.4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12353 of 2025 [e] the petitioner shall report before the respondent police daily at10.30 a.m., until further orders.[f] the petitioner shall not abscond either during investigation ortrial.[g] the petitioner shall not tamper with evidence or witness eitherduring investigation or trial.[h] On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate action against thepetitioner in accordance with law as if the conditions have beenimposed and the petitioner released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].[i] If the accused thereafter absconds, a fresh FIR can be registeredunder Section 269 BNS. sd/- 13/08/2025 / TRUE COPY / 14/08/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12353 of 2025mknTO1.The Judicial Magistrate No.V, Tiruchirappalli.2.Do Through the Chief Judicial Magistrate, Tiruchirappalli.3.The Superintendent, Central Prison, Tiruchirappalli.4.The Inspector of Police, Cyber Crime City Police Station, Tiruchirapalli District.5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.NARAYANAN, Advocate ( SR-8824[I] dated 14/08/2025 ) ORDER IN CRL OP(MD) No.12353 of 2025 Date :13/08/2025 SBN/14.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6