Rayappan.T vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 13.12.2025 for the offences punishable under Sections 66D of IT Act and 318(4) of BNS, in Crime No.40 of 2024 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused persons had contacted the defacto complainant by sending a screen shot that claimed substantial profits could be earned through trading. Believing the words of accused person, the defacto complainant had deposited a sum of Rs.18,12,471/- in various installment and thereafter, the accused persons refused to return the amount. Further, the bank account stands in the name of this petitioner and he received an amount of Rs4,31,500/- as commission. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any stringent conditions that may be imposed by this Court. He further submitted that the petitioner is in judicial custody from 13.12.2025. Hence, he seeks bail to the petitioner.

The Government Advocate (Crl.Side) submitted that the petitioner's bank account was involved in 10 other offences registered in various states. He further submitted that the investigation is still pending. Hence, he opposed for grant of bail to the petitioner.

Considering the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, with other conditions:

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, each for a like sum to the satisfaction of the learned Judicial Magistrate, Theni, and on further conditions that :-

[a] the petitioner 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 petitioner is directed to deposit a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.40 of 2024 before the learned Judicial Magistrate, Theni. On such deposit, the learned Judicial Magistrate, Theni, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate, Theni, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.40 of 2024. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

[c] the petitioner shall stay at Tiruppur and report before the Inspector of Police, Tiruppur Town Police Station, Tiruppur, daily at 10.30 a.m., until further orders..

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

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

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