Rabi Mandal v. The State Rep

Crl.O.P.No.16315 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 04.06.2024, seeking bail in Crime No.2 of 2022 registered for the offence under Section 420 of IPC and Section 66D of the Information Technology Act.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner, who was working as a daily wages, is not good at handling technologies and he is no way connected with the alleged offence, whereas, he has been suffering incarceration from 04.06.2024. Hence, he prayed to grant bail to the petitioner stating that, he is ready to abide by any stringent conditions that may be imposed by this Court.

3. The respondent has filed a detailed counter.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner, with an intention to cheat the de facto complainant/victim, imposing himself as the Tamil Nadu Electricity Board Officer contacted the victim and informed that the victim has not paid his electricity bill and asked him to install an Application. On believing the same, the de facto complainant 1/3

had installed the said Application and the de facto complainant, on installing the said application, the accused got access to the de facto complainant's mobile and swindled a sum of Rs.3,51,009/-. He further submitted that the first accused in this case is still absconding and no amount was recovered so far. He also submitted that the case is under investigation and 15 previous cases of a similar nature are pending against the petitioner all over India. Further, the petitioner is a native of Jharkhand, therefore, if he is released on bail, there is every possibility of him absconding and not available for further investigation.

5. Taking into consideration the facts and the counter produced by the learned Government Advocate (Crl.Side) and taking note of the facts that the investigation is at initial stage, one of the accused is still absconding, and also considering the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. 11.07.2024 ham T.V.THAMILSELVI, J.

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