P. Arunkumar v. State represented by Inspector of Police, Cyber Crime Branch, Trichy
2022-01-04
G.ILANGOVAN
body2022
DigiLaw.ai
JUDGMENT :- Prayer: C-38B.For Bail in Crime No.25 of 2021 on the file of the Respondent Police.1. Petition For Bail Under Sec. 439 Of Cr.P.C 1. The Court made the following order:- The petitioner, who is arrayed as sole accused was arrested on 15/11/2021 and remanded to judicial custody for the offences punishable under sections 384 and 354D(1)(ii) of IPC and section 66 of Information Technology (Amendment) Act 2008, in Crime No.25 of 2021 on the file of the respondent police, seeks bail. 2. The petitioner is facing the charges for the offences punishable under sections 384 and 354D(1)(ii) of IPC and section 66 of Information Technology (Amendment) Act, 2008. 3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State. 4. It is a case of cyber crime. Reading of the FIR shows that this petitioner is a close relative of the de- facto complainant. During the time of casual visit, this petitioner alleged to have taken the mobile phone, which belongs to the de-facto complainant and installed one application 'Find MY Device App”. Later, it came to the knowledge of the de-facto complainant that this petitioner stealthily saved his email ID, by removing the email account of the complainant. Later, it was found that this petitioner appears to have removed the e-mail account of the complainant and instead saved his email ID. Later also, the very same application namely “Find My Device App” was installed by this petitioner. She received a anonymous call from the phone No.+3139132063 and she was informed that he had the photos, audios and videos of the complainant and for the purpose of deleting, he demanded money and also criminal intimidated not to disclose the same to others. This petitioner along with one Bharathi Raja advised the de-facto complainant to pay a sum of Rs.33,500/-. The above said amount was paid through flipkart. Later the above said known person has forwarded the photos, audios and videos of the complainant to the relatives. On the request made by this petitioner and the said Bharathiraja, again the mobile phone was handed over to them. When the marriage arrangement proposal was made, that was stopped by the unknown person by sending the above said photos, audios, videos etc. Later, it came to know that this petitioner was the man, who was involved in such sort of illegal activities.
When the marriage arrangement proposal was made, that was stopped by the unknown person by sending the above said photos, audios, videos etc. Later, it came to know that this petitioner was the man, who was involved in such sort of illegal activities. So based on the complaint given by the decomplainant, the case has been registered. Now the petitioner was arrested and remanded to judicial custody. 5. Seeking bail, this petition is filed by this petitioner stating that he is not involved in the above said crime. But however, on going through the entire CD file and statement of witnesses, it is seen that this petitioner also involved in the illegal activities and demanded money from the de-fact complainant through the unknown number. All the call details have been collected during the course of investigation. The petitioner being the close relative of the de-facto complainant has involved in such sort of illegal activities. 6. Even though the matter is under investigation, as seen from the materials collected during the course of investigation, are all borne out by records. So the question of tampering the evidence may not arise. 7. Considering the period of custody of this petitioner and by this time, most of the investigation might have been over and no previous case is pending against these petitioner, this court is inclined to enlarge the petitioner on bail with certain conditions. 8. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Musiri, Trichy District and on further condition that the petitioner shall deposit a sum of Rs.42,937/- to the credit of the Crime No.25 of 2021 before the Judicial Magistrate, Musiri and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders.