Crl. O.P. No.10321 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.04.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10321 of 2025 Mervin Christopher S/o. Michael Xavier Raj ... Petitioner/Accused Vs. The State represented by- The Inspector of Police, Cyber Crime Tiruvannamalai Police Station. (Crime No.72 of 2024). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.72 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.V. Muthukumar For Respondent : Ms. J.R. Archana 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 08.03.2025, seeking bail in Crime No.72 of 2024 registered for the offence under Sections 318(4) of B.N.S. and Section 66(D) of IT (Amendment) Act, 2008. 1/5 https://www.mhc.tn.gov.in/judis Crl. O.P. No.10321 of 2025 2. The case of the prosecution is that the petitioner got introduced to the defacto complainant through a matrimonial website; that on the promise of the petitioner, the defacto complainant had paid a sum of Rs.27 lakhs to the petitioner for the purchase of gold jewels from Malaysia; that thereafter, the petitioner neither repaid the money nor purchased gold jewels and only handed over 9 1/2 sovereigns of jewels and thus, committed the aforesaid offences. 3. The learned counsel appearing for the petitioner submitted that the petitioner and the defacto complainant became friends and since there was break up in the relationship, the instant complaint has been falsely lodged; and that in any case, further custody of the petitioner is not required and prayed that the petitioner may be released on bail. 4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and on instructions, confirmed the fact that 9 1/2 sovereigns of gold jewels were returned by the petitioner. 5. Considering the aforesaid facts, nature of allegations, considering the relationship between the parties and period of incarceration, this Court is of the 2/5 https://www.mhc.tn.gov.in/judis Crl. O.P. No.10321 of 2025 view that further custody of the petitioner is not required for the purpose of investigation. Hence this Court is inclined to grant bail to the petitioner with certain conditions. 6. 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 Judicial Magistrate-II, Tiruvannamalai. [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 respondent Police, daily 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; 3/5 https://www.mhc.tn.gov.in/judis Crl. O.P. No.10321 of 2025 [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. 07.04.2025 mjs To 1. The Judicial Magistrate-II, Tiruvannamalai. 2. The Inspector of Police, Cyber Crime Tiruvannamalai Police Station. 3. The Superintendent of Police, Central Prison, Vellore. 4. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl. O.P. No.10321 of 2025 SUNDER MOHAN., J. mjs Crl. O.P. No.10321 of 2025 07.04.2025 5/5 https://www.mhc.tn.gov.in/judis