S.Syed Hassain v. The State Rep By, the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

14.05.2026 for the alleged offences under Sections 140 (4), 143 (1) (d), 143 (2), 316 (2) and 318 (2) of Bharatiya Nyaya Sanhita, 2023, read with Sections 10 and 24 of the Emigration Act and Section 66 D of the Information Technology Act, in Crime No.57 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that, on the pretext of securing employment in Cambodia, the petitioner deceived the victim and received a sum Page2 of 4 of Rs.50,000/-. Thereafter, the victim was sent to Cambodia and was allegedly forced to engage in online scam activities. Subsequently, the matter was brought to the notice of the officials of the Indian Embassy, through whose intervention the victim returned to India. Hence the case.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 14.05.2026. He further submitted that though the petitioner had arranged a job offer, the defacto-complainant was not satisfied with the employment and returned from the foreign country. He also stated that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioner. He further submitted that the defacto-complainant was forced to engage in an online scam through the job arranged by the petitioner. Hence, he opposed for grant of bail to the petitioner.

5.Notwithstanding the aforementioned allegations made against the petitioner, considering the fact that the petitioner has no criminal antecedents, Page3 of 4 and he has been incarcerated since 14.05.2026, this court is of the firm view that his further custody is not necessary. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions.

¶6Accordingly, 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 XI Metropolitan Magistrate, Saidapet, and subject to the following conditions: [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 shall report before the respondent daily morning at 10.30 a.m. until further orders; [c] the petitioner shall surrender his passport before the Investigating Officer forthwith and shall not leave the country without obtaining prior permission from the jurisdictional Trial Court. In the event the petitioner is not in possession of a passport, he shall file an affidavit before the Trial Court to that effect. [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; Page4 of 4

C.KUMARAPPAN, J. [f] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [g] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 07-07-2026 ep Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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.XI Metropolitan Magistrate, Saidapet.

2.The Superintendent of Prison, Sub Jail, Saidapet.

3.The Inspector of Police State Cyber Crime Investigation Center, Cyber Crime Wing Head quarters, Chennai.

4.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN S.Syed Hassain ..Petitioner(s) Vs The State Rep By, The Inspector of Police State Cyber Crime Investigation Center, Cyber Crime Wing Head quarters, Chennai. Crime No.57 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail pending investigation in Crime No.57 of 2026 on the file of the respondent Police. For Petitioner(s): Mr.S.Fayashamad For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )