R.Avudayappan @ Manoj vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 31.01.2026 for the offences punishable under Sections 318(4) of BNS and 66D of Information Technology (Amendment) Act, 2008, in Crime No.58 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 09.11.2025, the petitioner along with other accused cheated the defacto complainant to the tune of Rs.5,83,007/- by using fake user ID namely, Reshma.psc. Hence, this case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is only acted as agent and he has been arrested and remanded to judicial custody on 31.01.2026. Therefore, prayed to grant bail for the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that the offence is grave in nature and the defacto complainant was cheated by the accused to the tune of Rs.5,83,007/- by using fake user ID and the co-accused were released on bail by this Court and the petitioner is having 2 previous cases not similar in nature.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and the alleged occurrence took place on 09.11.2025 and even according to the prosecution, the petitioner is only acted as agent and collected money from the victims and the main accused was secured and he was detained under Act 14 and A1 and A5 were granted bail by this Court and though the petitioner has 2 previous cases, that cases are not in similar kind of offences and in that case, he was released on bail and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Tenkasi, and on further conditions that:

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

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

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