Aamir Hussain vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.22/2023 registered by the Cyber Crime Police Station, Kochi City, Ernakulam, alleging him to have committed the offence under Section 420 of the Indian Penal Code and Sections 43 r/w 66, 66 (C) and 66 (D) of the Information Technology Act, 2008. The petitioner was arrested on 14.11.2023 from Hyderabad and remanded to judicial custody on 15.11.2023.

The prosecution case, in brief, is that: the petitioner had fraudulently secured the user name and password of the web portal of a travel agency named “M/s Sama Travel Pvt. Ltd” and, thereafter, logged into the portal and purchased air travel tickets for Rs.3,15,593/- on 23.3.2023 and 24.3.2023. Thus, the accused has committed the above offence.

Heard; Sri. Vinod Vallikappan, the learned counsel appearing for the petitioner and Smt. Neema T.V. the learned Public Prosecutor appearing for the respondent.

The learned counsel for the petitioner argued that the petitioner is totally innocent of the accusation levelled against him. The petitioner has co-operated with the investigation. The petitioner was arrested on 14.11.2023. The investigation is practically complete and, therefore, his further detention is unnecessary. Moreover, on 14.1.2024 the petitioner would be entitled to statutory bail. The petitioner is willing to abide by any stringent conditions imposed by this Court. . Hence, the application may be allowed.

The learned Public Prosecutor opposed the application and submitted that in the petitioner’s interrogation he has revealed the names of other persons, who are involved in the crime. The police are yet to arrest the said accused. The investigation is in progress. Therefore, if the petitioner is let off on bail, there is a likelihood he would flee from justice, especially since he hails from a different State. Hence, the application may be dismissed.

The petitioner was arrested on 14.11.2023, which is now 50 days. The investigation in the case as against the petitioner, is practically complete. The court below has dismissed the bail application solely on the ground that the petitioner hails from a different State.

After bestowing my anxious consideration of the materials placed on record, and taking note of the fact that the petitioner has been in judicial custody since 15.11.2023 and the investigation in the case, so far as the petitioner is concerned, practically over, I am of the view that the petitioner is entitled to be released on bail.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, one of them shall be a native of the State of Kerala, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every alternate Saturdays between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. And he shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) The petitioner shall furnish his present address and permanent address, and his mobile phone number to the court below and the Investigating Officer;

(vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court  in  Sushila  Aggarwal  v.  State  of  Delhi  and another [2020 (1) KHC 663].