Madras High CourtCRL OP/4768/2022dismissed

N.Fawas Sherif v. State Rep By

2022-03-03Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4768 of 2022 1 N.FAWAS SHERIF [ PETITIONERS / ACCUSED ] 2 SALMAN SHARIEF Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SATHUVACHERI POLICE STATION, VELLORE DISTRICT.

CR.NO.40 OF 2022.

For Petitioner : M/S. J.PRAKASAM Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 4, 20, 21 and 25 of Indian Telegraph Act, 1885, and under Sections 66C and 66D of Information Technology Act, 2000 and under Sections 3 and 6(1) of Indian Wireless Telegraphy Act, 1933 and under Sections 420 and 120B of Indian Penal Code, in Crime No.40 of 2022 seeks anticipatory bail.

2. Heard the learned Counsel appearing for the petitioners and the learned Government Advocate for the respondent.

3. It is alleged by the respondent police that the case of the prosecution is that the petitioner herein along with other accused manipulated the instruments and gateway Modems of BSNL and converted the international calls into local calls.

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4. Considering the gravity of the offence committed by the petitioners and also considering the submissions made by the learned Government Advocate that the absconding act of the petitioners herein is preventing the respondent police to complete the investigation. Since, the offence is with related to the high grade technical offence, the presence of the petitioners at large will lead to recurrence of the crime and monetary loss to BSNL Network. Hence, this Court is not inclined to grant anticipatory bail

5. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, SATHUVACHERI POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.PRAKASAM Advocate on payment of necessary charges CRL OP.4768/2022 Date :03/03/2022 TA-21/03/2022 https://hcservices.ecourts.gov.in/hcservices/