CRL OP(MD). No.2858 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.2858 of 2026 K.D.Shibin ... Petitioner/Accused Vs State of Tamilnadu, Rep by The Inspector of Police, Cyber Crime Police Station, Thoothukudi, Crime No.64/2025. ... Respondent/Complainant For Petitioner : Mr.S.M.A.Jinnah, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.64/2025 on the file of the respondent police ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2858 of 2026 The petitioner, who was arrested and remanded to judicial custody on 13.01.2026 for the offences punishable under Sections 318(4) BNS, 2023 and Section 66D of IT Act, in Crime No.64 of 2025 on the file of the respondent police seeks bail. 2. The case of the prosecution is that, for the purpose of carrying on a brick business, and believing the representations made by the petitioner, the de facto complainant invested money through online on several occasions. Hence, the complaint. 3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 13.01.2026. Hence, he seeks bail to the petitioner. 4. The learned Additional Public Prosecutor would submit that there are 5 previous cases pending against the petitioner and the 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2858 of 2026 investigation of the case is pending and hence, he opposed for grant of bail to the petitioner. 5. Despite the pendency of five previous cases against the petitioner considering the period of incarceration already suffered by the petitioner and that the petitioner is ready and willing to deposit a sum of Rs.50,000/-, this Court is inclined to grant bail to the petitioner, subject to the following conditions: 6. 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 IV, Thoothukudi, and on further conditions that :- [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 is directed to deposit a sum of Rs. 50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.64 of 2025 before the Judicial Magistrate No.IV, 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2858 of 2026 Thoothukudi. On such deposit, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Magistrate 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.64 of 2025. 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 appear before the respondent Police daily at 10.30 am until further orders; [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness 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 released on bail by the learned Magistrate/Trial Court himself as laid 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2858 of 2026 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. (S S Y J) 12.02.2026 TRP TO 1. The Judicial Magistrate No.IV,Thoothukudi. 2. Do-Through The Chief Judicial Magistrate, Tuticorin District. 3. The Superintendent, District Prison, Perurani, Thoothukudi District. 4. The Inspector of Police, Cyber Crime Police Station, Thoothukudi, 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2858 of 2026 S.SRIMATHY,J TRP ORDER IN CRL OP(MD) No.2858 of 2026 Date : 12/02/2026 6/6 https://www.mhc.tn.gov.in/judis