Saibuthali v. The State represented by the Inspector of Police
CRL OP/22564/2026 · 2026-08-20
N Ramesh
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 59601 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 59601 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 22564 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 22564 of 2026 Saibuthali ..Petitioner(s) Vs The State represented by the Inspector of Police Cyber Crime Police Station, Salem City (Crime No.13 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on bail in Crime No.13 of 2026 on the file of respondent. For Petitioner(s): Satheeshkumar Manimaran For Respondent(s): Mr.M.M.I.Khaleel Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 18.06.2026 for the alleged offences under Sections 66(C) and 66(D) of Information Technology Act, 2000 and Sections 204, 336(3) and 318(4) of BNS, 2023 in Crime No. 13 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 22564 of 2026 __________ Page2 of 6
2. The case of the prosecution is that the accused impersonated a police officer from Mumbai, contacted the defacto complainant, falsely accused the complainant of being involved in illegal activities, intimidated him, and induced him to transfer a total sum of Rs. 15,05,500/-. It is further alleged that the cheated amount was routed through the bank accounts of various persons including this petitioner, who has been arrayed as A2. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in the present case. He submits that he has not committed any offence as alleged by the prosecution. He further submitted that petitioner has been incarcerated since 18.06.2026 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and fairly conceded that the total scam amount is Rs.13,39,600/- and this petitioner/A2 has received Rs.91,000/- and the same was repaid to the defacto complainant. However, he opposed the grant of bail to the Petitioner. https://www.mhc.tn.gov.in/judis
CRL OP No. 22564 of 2026 __________ Page3 of 6
5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. 6.
Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); it is seen that this is a case of digital arrest and the total amount involved in this case is Rs. Rs.13,39,600/-. The specific allegation against this petitioner/A2 is that he has received Rs.91,000/-. Now, it is reported that a sum of Rs.91,000/- was repaid by the petitioner to the defacto complainant, who has duly acknowledged receipt of the same. In such view of the position, considering the period of incarceration undergone by the petitioner since 18.06.2026, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate-III, Salem and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; https://www.mhc.tn.gov.in/judis
CRL OP No. 22564 of 2026 __________ Page4 of 6 [b] the petitioner shall report before the 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 the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20-08-2026 nr Note:
1.
Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis
CRL OP No. 22564 of 2026 __________ Page5 of 6 To
1. The Judicial Magistrate-III, Salem
2. The Superintendent, Central Prison, Salem. 3. Inspector of Police Cyber Crime Police Station, Salem City
4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 22564 of 2026 __________ Page6 of 6 N.RAMESH, J. NR CRL OP No. 22564 of 2026 20-08-2026 https://www.mhc.tn.gov.in/judis