Gubendiran vs The State Rep by The Inspector of Police

The petitioner, who was arrested and remanded to judicial custody on 08.08.2026 for the alleged offence under Sections 318(4) of BNS r/w Section 66D of the IT Act, in Crime No.19 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant received a WhatsApp message from “Invesco India” offering online trading with assured returns and, believing the same, invested a total sum of Rs.92,45,000/- on various dates through bank transactions. It is alleged that the petitioner was involved in the said transactions and, after receipt of the amount, further money was demanded from the defacto complainant. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner had no knowledge about the purpose for which the amount was deposited, as he had merely provided his bank account to his friend. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner knowingly lent his bank account for the purpose of online trading and received commission for the same. He further submitted that a sum of Rs.3,90,000/- was received in the petitioner’s account during the transaction and that no amount has been recovered. He further submitted that during the course of investigation, 10 complaints are pending before the NCRB and that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

At this juncture, the learned counsel for the petitioner submitted that the petitioner has nothing to do with the alleged offence. However, in order to show his bonafide, the petitioner, without prejudice to his defence and contentions before the trial Court, is ready and willing to deposit a sum of Rs.3,90,000/- to the credit of Crime No.19 of 2026 before the Court concerned. Hence, he prayed for grant of bail to the petitioner.

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.

Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side, the period of incarceration already undergone by the petitioner and also considering the fact that the petitioner has volunteered to deposit a sum of Rs.3,90,000/- to the credit of crime number, this Court is inclined to grant bail to the petitioner with certain conditions.

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 No.I, Poonamallee, 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;

[b] the petitioner, without prejudice to his rights and contentions before the trial Court, is directed to deposit a sum of Rs.3,90,000/- (Rupees Three Lakhs Ninety Thousand only) to the credit of Crime No.19 of 2026 before the Court concerned, at the time of furnishing sureties;

[c] On such deposit being made, the Trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalised Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the criminal case.

[d] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders;

[e] the petitioner shall not abscond either during investigation or trial;

[f] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[g] 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]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

23-09-2026 DRL Note:

Registry is directed to forthwith upload this order in the Official Website of this Court.

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 Judicial Magistrate No.I, Poonamallee.

The Inspector of Police CCB, Avadi City Police Station, Chennai District.

The Superintendent, Central Prison, Puzhal.

The Public Prosecutor, High Court, Madras.

N.Ramesh, J.

DRL 23-09-2026