S.Ramachandran v. The Inspector Of Police,
C.V.KARTHIKEYAN,J.
The petitioner who was arrested and remanded to judicial custody on 05.01.2024 registered by the respondent police for the offences punishable under Sections 420 IPC and 66(D) of Information Technology Act 2008, in Crime No.41 of 2023, seeks bail.
2.The learned counsel for the petitioner stated that because the defacto complainant is working in the Government Department, the respondent secured the petitioner under threat.
3.It must be made clear that the Court takes cognizance of the offence and not at all of the offender. In this case, the complaint which had been lodged is that the defacto complainant was searching for a job for her husband and went into a website and when she registered, she received a message in a telegram account and thereafter, an amount of Rs.10,000/- was initially deposited and later, she also transferred further amounts. In that manner, two transfers have been made to the account of the petitioner herein in Punjab National Bank on 17.12.2023 to a sum of Rs.30,000/- and Rs.53,279/-.
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4.The petitioner will now have to explain as to what is the relationship he had with the defacto complainant for her to transfer a sum of Rs.83,279/- into his account. If that been a wrongful transfer, then the petitioner should have taken efforts to return back the money.
5.It is the specific case of the prosecution that the petitioner had received a sum of Rs.1,72,000/- from the Axis Bank account which also shows the involvement of the petitioner. Further, it is seen that this particular Punjab National Bank account where a sum of Rs.83,279/- had been deposited, was also involved in 51 other cases and that was detected through the National Cyber Crime Reporting Portal (NCRP) in India. 6.Therefore, it is not a case of the petitioner being innocent of the offences. He has benefited substantially by cheating gullible persons like the petitioner herein. The other accused are residents of other Countries. Since the investigation has not yet been completed, I am not inclined to grant bail to the petitioner.
7. Hence, this Criminal Original Petition is dismissed. 14.02.2024 vkr 2/3
C.V.KARTHIKEYAN,J.
Vkr 14.02.2024 3/3