Roshan Kumar v. State Rep. By

C.V.KARTHIKEYAN, J.

The petitioner seeks bail in Crime No.23 of 2022, registered by the respondent police for the offences punishable under Sections 66(E), 67(B) of Information Technology Act 2000 and 14(1), 15 of POCSO Act 2012. The petitioner had been taken into custody on 08.02.2024.

2. The petitioner was arrested initially at Bihar on 06.02.2024 and thereafter brought down to this State. The case of the prosecution is that the accused through a Mobile App called " Smart Cash- Handy Loan Online" had called upon those who had applied for loan to share all their personal details to also give the details of their family members. Thereafter, a small amount of loan was actually granted to them after deducting commission. With the available personal details and the photographs available, the accused used to morph the photographs into nude bodies and started to share the same in social media and thereafter demanded money from the victims. In the counter affidavit it had been very specifically stated by the respondent that one engineering student belonging to Karnataka State had committed suicide. Similarly, a couple

and their two children committed suicide in Bhopal. Likewise, a 22 year old man had also committed suicide at Tamil Nadu on 26.07.2023. The defacto complainant had paid over and above the loan amount than he has received. Thereafter, a complaint was lodged.

3. The learned Government Advocate appearing for the respondent submitted that that the accused persons belong to Haryana and Nepal and they have to get the details of all the accused person. It is stated that this petitioner is a relative of the first accused and he was a resident of Bihar. He further submitted that the investigation is in crucial stage and A1 in this case is still absconding.

4. Considering the nature of offence committed by the petitioner and also the fact that investigation will never conclude till the accused is absconding, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. 26.03.2024 smn

C.V.KARTHIKEYAN, J.

smn 26.03.2024