Sai Prashanth Vs the State Rep by — Bail and Remand | Madras HC (2025)

Sai Prashanth Vs the State Rep by — Bail and Remand | Madras HC (2025)

What the court decided

AI extract

Outcome

Petitioner enlarged on bail pending investigation in Crime No.84 of 2024 on executing a bond of Rs.15,000/- with two sureties, each for a like sum, to the satisfaction of the XI Metropolitan Magistrate, Saidapet, subject to conditions: surety identification (photographs/left thumb impression; Aadhar card or Bank pass Book), daily reporting before the respondent Police at 10.30 a.m. until further orders, no absconding, no tampering with evidence or witnesses; on breach the Magistrate/Trial Court may act as laid down in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560]; absconding may invite a fresh FIR under Section 269 B.N.S.

Issue for consideration

Whether the petitioner (A2), in judicial custody since 13.12.2024 in connection with Crime No.84 of 2024 (Sections 111, 318(4), 319(2) BNS r/w 66(D) IT Act, 2008), should be enlarged on bail pending investigation.

Court's answer

Bail granted to the petitioner considering the nature of allegations, the period of incarceration, the fact that the co-accused Sridhar has been granted bail, the absence of any allegation of monetary gain by the petitioner, and because further custody is not required for the purpose of investigation.

Ratio / Principle

Petitioner ordered to be released on bail on executing a bond for Rs.15,000/- with two sureties, each for a like sum, to the satisfaction of the learned XI Metropolitan Magistrate, Saidapet.

Key takeaways

Condition imposed: 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.ratio¶34
Condition imposed: the petitioner shall report before the respondent Police every day at 10.30 a.m. until further orders.ratio¶39
On breach of any of the bail conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the release ordered by the Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

Detailed headnote1 paragraphs

Bail — granted. High Court of Judicature at Madras (Sunder Mohan, J.), Crl.O.P.No.1327 of 2025, decided 17.02.2025: Sai Prashanth (A2), arrested and remanded on 13.12.2024 in Crime No.84 of 2024 of the DSP (CCD-I), State Cyber Crime Investigation Center, Ashok Nagar — registered for offences under Sections 111, 318(4), 319(2) of BNS r/w 66(D) of IT Act, 2008 arising from an online-trading cheating case in which the defacto complainant, a senior citizen, allegedly invested and was cheated of Rs.11,42,23,092/- on the promise of one Samir Bhattacharya — enlarged on bail under Section 483 BNSS pending investigation. Grounds: nature of allegations; period of incarceration; co-accused Sridhar already granted bail by the Court on 23.01.2025 in Crl.O.P.No.1565 of 2025; no allegation of any monetary gain by the petitioner; further custody not required for investigation. Conditions: bond of Rs.15,000/- with two sureties each for a like sum before the XI Metropolitan Magistrate, Saidapet; sureties to affix photographs and left thumb impression, identity verifiable via Aadhar card/Bank pass Book; daily reporting before the respondent Police at 10.30 a.m. until further orders; no absconding; no tampering with evidence or witnesses; on breach, the Magistrate/Trial Court may take action as if the conditions were its own, as laid down by the Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560]; absconding may result in a fresh FIR under Section 269 B.N.S.

Crl.O.P.No.1327 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN

Crl.O.P.No.1327 of 2025

Sai Prashanth ... Petitioner/A2

Vs.

The State represented by, The Deputy Superintendent of Police (CCD-I), State Cyber Crime Investigation Center, Ashok Nagar, Chennai – 83. (Crime No.84 of 2024). ... Respondent

... Respondent

PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.84 of 2024, pending investigation on the file of the respondent Police.

For Petitioner : Ms.S.Sengkodi

For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner,

who was arrested and remanded to judicial custody on 13.12.2024, seeking bail in Crime No.84 of 2024 registered for the offence under Sections 111, 318(4), 319(2) of BNS r/w 66(D) of IT Act, 2008.

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The case of the prosecution is that the defacto complainant is a

senior citizen and came in contact with one Samir Bhattacharya and on the promise of the said Samir Bhattacharya that he would earn huge amount by online trading, he had invested Rs.11,42,23,092/-; and that the said Samir Bhattacharya had cheated the defacto complainant of the said amount. Hence the case.

Learned counsel appearing for the petitioner submitted that the allegation against the petitioner herein is that he had handed over the account number created by the co-accused one Sridhar to one Rajeev Dubeey of Malaysia, who was the friend of Samir Bhattacharya; that he had not gained anything out of the transaction; and that in any case, further custody is not required. He further submitted that the co-accused Sridhar was granted bail by this Court on 23.01.2025 in Crl.O.P.No.1565 of 2025 and prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the

respondent police, reiterated the prosecution case and confirmed the fact

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that the co-accused has been granted bail by this Court.

5. He ard the learned counsel appearing for the petitioner and the

learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

Considering the nature of allegations, period of incarceration, the fact that the co-accused has been granted bail, there is no allegation of any monetary gain by the petitioner, and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on

his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties , each for a like sum to the satisfaction of the learned XI Metropolitan Magistrate, Saidapet.

[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 report before the

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respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 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];

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

17.02.2025

ars

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Crl.O.P.No.1327 of 2025

SUNDER MOHAN., J.

ars

To

The XI Metropolitan Magistrate, Saidapet.

The Deputy Superintendent of Police (CCD-I), State Cyber Crime Investigation Center, Ashok Nagar, Chennai – 83.

The Superintendent, Central Prison-II, Puzhal, Chennai.

The Public Prosecutor, High Court of Madras.

Crl.O.P.No.1327 of 2025

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