Sunil Kumar v. Inspector Of Police

Orders Reserved on 27.09.2023 Orders Pronounced on RMT. TEEKAA RAMAN., J.

The petitioner who is arrayed as A.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 66(C) & 66 (D) of Information and Technology Act 2000 and Section 420, 419 and 468 of IPC, registered in Crime No.9 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the Defacto Complainant applied for Job in Queenstown Mall at New Zealand. Pursuant to the same the company shortlisted the defacto complainant's resume and finalised his job. Subsequently the company sent a job acceptance letter through an email dated 22.10.2022 to the Defacto Complainant. In the said acceptance letter, the Defacto Complainant was instructed to contact one Mrs. Stelle Brielle. When the Defacto Complainant contacted Mrs.Stelle Brielle he was told to transfer a sum of total Rs.6,83,100/- (Six Lakhs Eighty Three Thousand and One Hundred Only) to the bank account of C.Johnon having A/c.No. 3883755513 at Central Bank of India IFSC No. CBIN0280885. Believing 1/4

the aforesaid facts the Defacto Complainant transferred the said sum as directed above and later he found out that the entire narration was fraudulent and he became a victim of job racketing, against which the present complaint is filed.

3. The learned counsel for the petitioner submitted that the petitioner is running petrol bunks in locality of Bengalur and he is no way connected with the alleged offence and it appears that the first accused has swiped his credit card to an extent of Rs.68,000/- on 21.11.2022 and another Rs.68,000/- on 29.11.2022 in the petrol bunk of the petitioner.

4. The learned Government Advocate (Pondicherry), would contend that as per the preliminary investigation, from the account of A.1 in City Bank of India to the petitioner's account, several money transaction has taken place and also it is an on line job racketing in foreign land. Pursuant to the e-mail received by the defacto complainant that there is job opportunity in in Queenstown Mall at New Zealand, he was asked to deposit foreign amount and finally as narrated in FIR, it was found that the defacto complainant was cheated. The learned Government Advocate, further contended that during the preliminary stage of investigation, the defacto complainant Prabagar of Pondichery was cheated to the extent of 2/4

Rs.6,80,000/-. During the course of investigation, it was ascertained that the fraudulent amount has been utilised by using POS machine which is accountable in one Axis Bank Account which is in possession of the petitioner herein.

5. Heard the learned counsel for the petitioner as well as the Government Advocate (Pondicherry) and perused the records.

6. Considering the nature and gravity of the offence and the fact that it is a case of job racketing for International emplaoyment through on line, amount has been transferred on line and it was disbursed and received by the petitioner herein, consequently based on enquiry , the Bank account has been frozen and the stage of investigation, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. rgr 3/4

RMT. TEEKAA RAMAN.,J.

rgr Order in Crl.O.P.No.21313 of 2023 4/4