Mohammed Ashik vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the petitioner, who is the 2nd accused in Cyber Crime No.9 of 2024 of Cyber Crime Police Station, Kannur, where the accused alleged to have committed offences punishable under Section 420 of Indian Penal Code and Section 66D of Information Technology Act, 2000.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the relevant documents form part of the case diary.

The prosecution allegation is that the accused herein contacted the defacto complainant through online under the banner Media Agency Recruiter with offer to provide part-time online job and instructed her to transfer funds to various accounts promising high profits. Hence the defacto complainant incurred a total loss of Rs.14,56,175/- in between 10.02.2024 and 01.03.2024. Thereby the above offences are alleged to be committed.

It is submitted by the learned counsel for the petitioner that the petitioner is innocent and the allegations against him are false. According to the learned counsel for the petitioner, the 2nd respondent received an amount of Rs.23,757/- through his account maintained at Federal Bank, Edakkara Branch indirectly from the account of the defacto complainant. Similarly, another amount of Rs.72,000/- was credited in the account of the petitioner on 19.02.2024 through IMPS from the account of one Praveen. Further it is submitted that at the instance of one Uvais, who had only dormant bank transactions, certain amounts were received by the accused through his account. He had no intention to cheat and defraud the defacto complainant, it is submitted.

The learned Public Prosecutor produced the case diary and strongly opposed grant of bail to the petitioner, who allegedly involved in a very serious Cyber crime.

On perusal of the report of the Investigating Officer, it has been stated that as on 19.02.2024, Rs.4,10,000/- was withdrawn from the account of the petitioner maintained at Federal Bank, Cherootty Road Branch, Kozhikode. On 19.02.2024 itself, Rs.9,60,000/- was deposited to the above account even though the account was opened at Edakkara branch only on 16.02.2024. According to the report of the Investigating Officer, the petitioner given statement before the police that the said amounts were deposited in his account as instructed by one Uvais and the same was withdrawn by the petitioner and given to Uvais.

Thus it appears that the role of the petitioner herein is well made out and investigation is at the extreme primitive stage.

Therefore, release of the petitioner at this stage would hamper the investigation.

Hence the Bail Application shall stand dismissed.