Yogesdh Jain 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 first 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 totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 08.07.2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner, the fact that he has been in custody since 08/07/2023, that no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, that no other criminal antecedents have been reported against the petitioner, 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;

(v) The petitioner shall not be involved in any other crime while on baiI.

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