Jubair Padinjarekandiyi vs State Of Kerala

Ashok Menon, J

This is an application for regular bail under Section 439 of the Cr.P.C.

2. The applicants are accused 4 and 5 in Crime No.197/2021 of Vadakara Police Station for having allegedly committed the offences punishable

under Sections 120B, 420, 468 and 471 of the I.P.C. and under Section 66(c) of the Information Technology Act.

3. The prosecution case, in brief, is that the applicants allegedly hatched a conspiracy with accused 1 to 3, who are residents of New Delhi, and had

come to Kerala on 08.02.2021 and stayed in a lodge near Vadakara Railway Station. The facility for their stay was arranged by the applicants. The

applicants thereafter conspired with accused 1 to 3 to commit ATM fraud and thereby cheat gullible persons. The applicants thereby collected details

of various persons, who are using ATM cards, and using a device called “Skimmerâ€, they siphoned out huge sums of money from the account of

various persons. On 16.02.2021 accused 1 to 3 returned to Delhi and thereafter, using fake ATM cards, withdrew Rs.40,000/- from the account of the

de facto complainant. The applicants had frequent contact with accused 1 to 3 and they had also arranged for their stay and they were also members

of the Whatsapp group, which was involved in the use of Skimmers for the purpose of siphoning money of persons. The applicants were arrested on

31.03.2021 and remanded to judicial custody.

4. The applicants state that they are innocent and the allegations are not true and that the 1st applicant is an Electronics Engineer and the 2nd

applicant is a Medical Engineer and both of them are engaged in trading in the share marketing business for the purpose of their livelihood and that

they do not have any connection with accused 1 to 3, except through the Whatsapp group and they did not make any arrangement for their stay in

Kerala.

They have also not conspired to siphon out money from persons using fake ATM cards as alleged by the prosecution. The 1st

applicant was released on interim bail on 12.05.2021 and the 2nd applicant was released on 10.05.2021. The applicants submit that they do not have

any criminal antecedents, and hence, they may be released on regular bail.

5. Heard the learned Counsel for the applicants and the learned Public Prosecutor.

6. The prosecution has succeeded in gathering sufficient materials to prove the complicity of the applicants, but the applicants do not have any

criminal antecedents. There is also no evidence to show that they are involved in other similar offences with accused 1 to 3. Accused 1 to 3 have

not yet been apprehended because of the present pandemic situation and the investigation could not reach Delhi to apprehend them. In view of the

recent decision in IN RE : CONTAGION OF COVID 19 VIRUS IN PRISO, 2N02S1 SCC Online SC 376 and in view of the decision inA rnesh

Kumar v . State of Bihar, (2014) 8 SCC 273, the applicants need not be detained any longer, particularly in view of the fact that they do not have any

criminal antecedents and also considering the present pandemic situation.

As a result, the bail application is allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees

one lakh only) each with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i)They shall appear before the investigating officer as and when called and shall cooperate with the investigation;

ii)Â They shall not attempt to influence or intimidate the witnesses; and

iii)Â They shall not get involved in similar offences during the currency of the bail.

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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.