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2013 DIGILAW 795 (BOM)

Troy Ralph Pereira v. State of Maharashtra

2013-04-05

S.C.DHARMADHIKARI

body2013
Judgment :- The Applicant was arrested on 02.02.2013 in connection with the C.R. No.55/2013 registered with the Mulund Police Station, Mumbai. The Applicant is alleged to have committed the offence punishable under Sections 419, 420 r/w 34 of the Indian Penal Code and Sections 66A and 66B of the Information Technology Act, 2000. Subsequently, the charges under Sections 467, 468 and 471 of the Indian Penal Code have been added. 2. The Applicant is involved in accessing the bank accounts of the account holders and withdrawing the sums by the process known as "Online Banking". The Applicant is supposed to have withdrawn certain sums. The offences alleged are pertaining to the banking transaction. The investigation can proceed, but for that purpose the Applicant need not be detained in custody and particularly after he has been in custody since 02.02.2013. For all these reasons and when the offence is based on documents that the following order will serve the ends of justice:- (a) The Applicant (Troy Ralph Pereira) arrested in connection with C.R. No.55/2013 registered with Mulund Police Station, Mumbai shall be enlarged on bail in the sum of Rs.20,000/- (Rupees Twenty Thousand) with one or two local sureties in the like amount. (b) The bail is granted subject to the condition that the Applicant will report to the Mulund Police Station, Mumbai every Friday between 10:00 and 12:00 am till the filing of the charge sheet. (c) The Applicant shall deposit the Passport, if any, with the Investigating Agency. The Applicant shall not leave the limits of Greater Mumbai and Thane District without prior permission of the Trial Court. (d) The order of bail will be given effect only after the Applicant furnishes to the Investigating Agency the details about his place of residence where he proposes to stay after he is enlarged on bail. The Applicant shall not change his residential address thereafter till the conclusion of the trial without prior intimation to the Investigating Agency. (e) The bail is granted subject to condition that the Applicant shall not directly or indirectly make any inducement or threat to any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (f) The Applicant shall cooperate with the learned Trial Judge for expeditious disposal of the case. Any attempt by the Applicant to delay the trial may be a ground for cancellation of bail. (f) The Applicant shall cooperate with the learned Trial Judge for expeditious disposal of the case. Any attempt by the Applicant to delay the trial may be a ground for cancellation of bail. (g) Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (h) The Application is disposed of in the above terms. (i) The parties to act on an authenticated copy of this order.