S.Hariharan v. The State Rep By Inspector Of Police
T.V.THAMILSELVI, J.
The petitioner who apprehends arrest for the alleged offence punishable under Sections 384 of IPC and Sections 43, 66 and 66C of Information Technology Act 2000 in Crime No.252 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant who is running a software services received an email from ravirajpriyan@gmail.com stating that he has got all the details for the company's server access, key files and date access. It was further mentioned that chinese partner has offered to pay 12,500 USD to hack all the defacto complainant's company projects details and INTEL details and he also demanded money from the defacto complainant to stop sharing their project details with that Chinese partner. Hence, the complaint.
3. The learned counsel appearing for the petitioner submit that the
petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner is no way connected with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the petitioner hacked the defacto complainant's company projects details and INTEL details and he also demanded money from the defacto complainant to stop sharing their project details with that Chinese partner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also considering the submissions made by the both counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the
event of arrest or on his appearance before the learned XVII Metropolitan Magistrate, Saidapet, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties (out of which one surety should be a blood surety) each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner is directed to report before the respondent police on every Wednesday at 10.30 a.m., for a period of eight weeks and thereafter as and when required for interrogation.
[c] the petitioner is directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of Crime No.252 of 2022 before the concerned Magistrate and the learned Magistrate shall disburse the above said amount to the defacto complainant.
[d]the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
02.02.2023 jai
T.V.THAMILSELVI, J.
jai 02.02.2023