Citation : 2026 Latest Caselaw 2326 Mad
Judgement Date : 6 May, 2026
CRL OP No. 11767 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.05.2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No.11767 of 2026
Venmaniselvam ..Petitioner(s)
Vs
State represented by
The Superintendent of Police,
State Cyber Crime Investigation Centre,
Cyber Crime Wing, Headquarters
Ashok Nagar, Chennai 600 083.
(Crime No.116 of 2025). ..Respondent(s)
PRAYER : Criminal Original Petition filed under Section 483 of BNSS /
439(1) of Cr.P.C., 1973, to release the petitioner on bail pending investigation
in Crime No.116 of 2025 on the file of the respondent.
For Petitioner(s): Mr.Jahith Rifai J
For Respondent(s): Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
10.04.2026 for the offences punishable under Sections 318(4), 319(2), 61(2) of
BNS, 2023 read with Section 66D of IT Act, 2000, in Crime No.116 of 2025, on
the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the defacto complainant was initially
shown small profits to gain his trust, after which he was induced to invest larger
amounts and pay various charges. In total, he lost over Rs.10 crores. Thereafter,
the investigative agency discovered a large-scale cyber fraud in which the
victim was induced to invest money through a fake online trading platform
called “Finspros Trading”. During the investigation, the police identified several
accused persons who were part of a coordinated network involved in collecting
mule bank accounts, transferring funds, and converting the money into
cryptocurrency to conceal its origin. The petitioner was linked to this network
through other co-accused and was found to have participated in the illegal
activities and attempted to destroy evidence to evade detection. Hence, this
case has been registered.
3. The learned counsel for the petitioner submits that the petitioner is an
innocent person and he has not committed any offence as alleged by the
prosecution. However, he has been arrested and he is languishing in jail from
10.04.2026. Therefore, he prays for grant of bail.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police, reiterated the prosecution case. However, he opposed to
grant bail to the petitioner.
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5. At this juncture, the learned counsel for the petitioner submitted that
the petitioner, without prejudice to his defense and contention, is ready and
willing to deposit an amount of Rs.50,000/- to any association. Hence, he prays
for grant of bail to the petitioner.
6. Considering the facts and circumstances and considering the period of
incarceration already undergone and also taking note of the fact that the
petitioner has come forward to deposit an amount of Rs.50,000/- to the credit
of "Tamil Nadu Advocate Clerk Association, Chennai”, this Court is
inclined to enlarge the petitioner on bail, subject to certain conditions.
7. Accordingly, the petitioner shall pay a sum of Rs.50,000/- (Rupees
Fifty Thousand only) as cost to the Tamil Nadu Advocate Clerk Association,
Chennai and on such payment, 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 XI
Metropolitan Magistrate/XI Judicial Magistrate, Saidapet, and on further
conditions:
a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
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b) the petitioner shall report before the respondent police daily at 10.30 a.m., for two weeks and thereafter, as and when required for interrogation, until further orders;
c)the petitioner shall not tamper with evidence or witness;
d)the petitioner shall not abscond during trial;
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 of BNS.
8. With the above directions, the Criminal Original Petition is allowed.
06.05.2026 dna/av
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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.
To
1.The XI Metropolitan Magistrate/XI Judicial Magistrate, Saidapet.
2.The Superintendent of Police, State Cyber Crime Investigation Centre, Ashok Nagar, Chennai 600 083.
(Crime No.116 of 2025).
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
5.The Tamilnadu State Legal Services Authority, High Court Campus, Chennai.
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L.VICTORIA GOWRI, J.
dna/av
06.05.2026
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