Hansraj Sen vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

The petitioner is the second accused in Crime No.18/2023 of Cyber Crime Police Station, Thrissur, for having committed offences punishable under Section 420 of the Indian Penal Code and under Section 66D of the I.T.Act.

The prosecution case is that the defacto complainant was cheated and deprived of an amount of Rs.10,86,200/- from her account by fraudsters who called her mobile phone at about 3.25 p.m., on 24.03.2023 pretending to be representatives of HCL Technologies and asked her to complete certain tasks in the link sent to her towards getting salary and commissioner. The defacto complainant is said to have acted accordingly and sent an amount of Rs.10,86,200/- by way of seven instalments, but she was not given the salary or commission as assured, and nor refunded the amount collected from her and thus committed the above offences.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 09.03.2024, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

Taking note of the fact that A1 was granted bail by this Court as per BA No.7524/2023 dated 18.9.2023, and the fact that the petitioner herein, A2 has been in custody since 09.03.2024, and that no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, on the ground of parity, I am inclined to grant bail under such circumstances. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, out of which one shall be from the State of Kerala, each for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall furnish his residential address along with his mobile number to the court concerned as well as to the investigating officer.

(iii) The petitioner shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

(iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(vi) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.