Abishek Pal v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14896 of 2021 ABISHEK PAL [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, CHENNAI.

(CRIME NO.09 OF 2020) For Petitioner : M/S.RAHUL JAGANNATHAN Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested on 11.07.2021 and remanded to police custody on 17.07.2021 for the offence under Sections 120(B) r/w. 420, 467, 468, 471 of I.P.C. and 66C, 66D r/w.43 of the Information Technology Act, 2000 in Cr.No.09 of 2020 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the SI of Police, Bank Fraud Investigation Wing, Central Crime Branch -1, Greater Chennai Police conducted preliminary enquiry on the complaints of one Subash, Jabakumar and 11 others relating to online bank fraud. During the enquiry, he ascertained that some unknown persons contacted the innocent public residing in and around Chennai City and Chennai Suburban areas, over phone and posing themselves that they are the dealers for famous bank and financial institutions and induced them that they would arrange loan at lower rate of interest, collected their bank accound and card details either by whatsapp or online, collected the money through bank accounts and also collected OTP number details and transferred money from their accounts and thereafter neither arranged loan nor returned money. 3.

The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is arrayed as A58 and the allegation against him is that he sold the bank https://hcservices.ecourts.gov.

account details to the main accused A1 to A4 and that he received a sum of Rs.10,000/- each, for two accounts and except this there is no other allegation as against the petitioner.

4.The learned Government Advocate (Crl. Side) would submit that the petitioner is a resident of Delhi. He opened account in his name in Kotak Mahindra Bank and Axis Bank and sold the same to the main accused and facilitated them to commit the crime. He would further submit that general public were cheated and investigation is in preliminary stage and vehemently opposed for grant of bail to the petitioner.

5.Considering the gravity of the offence committed by the petitioner and since in the recent past online bank frauds have increased, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 25/08/2021 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, CENTRAL CRIME BRANCH, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.RAHUL JAGANNATHAN Advocate on payment of necessary charges CRL OP.14896/2021 Date :25/08/2021 CSK 08/09/2021 https://hcservices.ecourts.gov.in/hcservices/