CRL OP(MD). No.14493 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.14493 of 2026 1. Aswin 2. Senthil Kumar 3. Vadivel ... Petitioners/Accused No.1, 3&2 Vs State of Tamilnadu Rep by, The Inspector of Police, Cyber Crime Police Station, Madurai District (Crime No. 05/2026). ... Respondent/Complainant PRAYER :- For Bail in Crime No. 5/2026 on the file of the Respondent Police. For Petitioners : M/s. K.Pandiyarajan, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Crl.Side) ORDER : The Court made the following order :- 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14493 of 2026 The petitioners / Accused, who were arrested and remanded to judicial custody on 11.06.2026 for the offences punishable under Sections 318(4) of BNS, 2023 and 66D of the Information Technology (Amendment) Act, 2000, in Crime No.5 of 2026 on the file of the respondent police, seek bail. 2. The allegation against the petitioner is that petitioners 1 & 3 came forward to share their bank account for the purpose of illegal transactions of money, and accordingly, they also collected commission by using their bank account from one Ajith Kumar, who utilised 3 bank accounts belonging to the petitioners and cheated the defacto complainant through online fraud to the extent of Rs.22,99,753/-. Hence, the case has been registered, and on investigation, the role played by the petitioners was revealed, and hence, they were arrested on 11.06.2026, and from onwards, they were in custody. 3. The learned counsel appearing for the petitioners would submit 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14493 of 2026 that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that they have not benefited from the alleged transactions and they are ready to cooperate with the investigation and they are in custody from 11.06.2026 onwards. Therefore, prayed to grant bail for the petitioners. 4. The learned Counsel For State of TN (Crl.Side) appearing for the respondent reiterated the prosecution case and on instructions, reported that the second petitioner is a habitual offender and he is also having one previous case and he induced the petitioners 1 & 3 to share their bank account for the purpose of illegal transaction and believing his words, the petitioners 1 & 3 handed over the bank details and their bank account has been used for transaction of Rs.22,99,753/- and the petitioners 1 & 3 have no previous case and the the investigation is at preliminary stage and no amount has been recovered. Hence, he strongly opposed to grant bail to the petitioners. 5. This Court heard both sides and perused the materials available 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14493 of 2026 on record. 6. Considering the fact that the second petitioner is a habitual offender and he is also having one previous case and he only induced the other accused to share their bank account for the purpose of illegal transaction of money and thereby, cheated the defacto complainant to the tune of Rs.22,99,753/- through online and sofar no amount has been recovered, this Court is not inclined to grant bail to the second petitioner. Accordingly, this Criminal Original Petition stands dismissed insofar as the second petitioner is concerned. 7. Insofar as the petitioners 1 & 3 are concerned, since they are not having any previous case and further they have collected only Rs.5,000/- and Rs.30,000/- respectively as their Commission and also considering the period of incarceration undergone by the petitioners 1 & 3, this Court is inclined to grant bail to the petitioners 1 & 3 subject to the following conditions: [a] Accordingly, the petitioners 1 & 3 are ordered to be 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14493 of 2026 released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Madurai, and on further conditions that: [b] the petitioners 1 & 3 shall report before the respondent police daily at 10.30 a.m., for a period of 4 weeks and thereafter as and when required for interrogation. [c] the petitioners 1 & 3 shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected; [d] the petitioners 1 & 3 shall not abscond either during investigation or trial; [e] the petitioners 1 & 3 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 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14493 of 2026 learned Judicial Magistrate/Trial Court is entitled to take appropriate action against petitioners 1 & 3 in accordance with law as if the conditions have been imposed and petitioners 1 & 3 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. 16.06.2026 dss To 1.The Judicial Magistrate No.I, Madurai, 2.The Inspector of Police, Cyber Crime Police Station, Madurai District 3. The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14493 of 2026 K. RAJASEKAR,J dss ORDER IN CRL OP(MD) No.14493 of 2026 Date : 16/07/2026 7/7 https://www.mhc.tn.gov.in/judis