KABC010217472023
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 8th day of September 2023
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.7847/2023
PETITIONER
Akhil Alby
S/o Alby Joseph,
Aged about 26 years,
Kunnel House, Near Illikkal
Temple, Kumbalangy,
Ernakullam, Kerala Ц 682 007.

:
(By Sri.Ajay Kumar M.H.,
Advocate)
– Vs RESPONDENT
:
State by Whitefield CEN Police
Station, Bengaluru.
(By Public Prosecutor)
ORDER
The petitioner has filed this petition u/s 438 of
Cr.P.C. for release on bail in the event of his arrest in
2
Crl.Misc.No.7847/2023
connection with a case registered in Cr.No.747/2023 for
the offences punishable u/s 419, 420 of IPC and
Sec.66(D), 66(C) of Information Technology Act.
2.

It is stated in the bail application that the
petitioner has not committed any offences as alleged in
the complaint. The complainant has neither named the
petitioner and the account numbers as mentioned in
the FIR does not belongs to the petitioner and no
proceeds of the said crime has been linked to the
petitioner. The team lead by the Inspector of Whitefield
Police CEN Station had apprehended Joseph Nikhil in
Cochin and the petitioner was with the said Joseph
Nikhil at that instance on 01.08.2023. The said Police
team had demanded a sum of Rs.5 lakhs each to let
them go, failing which they would be implicated in this
case.

The
said
Rs.3,95,000/-
team
from
had
them
collected
and
were
a
sum
caught
of
red-
handedly by the Kerala Police and FIR No.1626/2023
was registered by the Kalamasherry Police Station for
the offences punishable u/s 342, 384, 385 r/w 34 of
IPC. A notice was issued by the respondent/Police to
the
petitioner
respondent/Police
to
present
Station
on
himself
14.08.2023
in
in
the
the
connection with the said offences. Hence, he seeks the
3
Crl.Misc.No.7847/2023
protection of this Court from malicious prosecution and
to enforce legal protection from the actions of the
respondent/Police in this case.

He is the permanent
resident of Kochi. He is ready and willing to abide by
the terms and conditions imposed while releasing him
on bail. In view of registering of FIR for non-bailable, he
apprehends
his
arrest.

Hence,
prayed
to
grant
anticipatory bail.
3.

The learned P.P. has opposed the bail application
by filing the objections statement. According to him, the
materials collected during the investigation prima-facie
disclose that the petitioner has committed the offences
alleged against him. Hence, prayed to dismiss the bail
petition filed by the petitioner.
4.

Heard the arguments from learned Counsel for
petitioner and learned Public Prosecutor. Perused the
materials placed on record.
5.

The points that arise for my consideration are:
1. Whether the petitioner is entitled for
anticipatory bail as prayed in the
application filed under Sec.438 of Cr.P.C.?
2. What order?

6.

My answer to the above points are as follows:
Point No.1: In the negative
4
Crl.Misc.No.7847/2023
Point No.2: As per final order for the following;
REASONS
7.

Point No.1:- Sri.Chandaka Srikanth lodged the
complaint against one Nita Sampath on 14.06.2023
alleging
that on
02.06.2023 Nitha
contacted the
complainant via Telegram and discussed about the
part-time job. He recommended a website Уwww.iglobal-review.netФ. The complainant logged into the site
and provided reviews to 35 products and received
commission of Rs.820/-.
word of
said
person
The complainant believed the
through
his
Bank
account
transferred on various dates total sum of Rs.26 lakhs
through
Online
transfer
i.e.,
via
UPI
and
IMPS
transactions. Subsequently, he came to know that the
said person has cheated him and therefore, he lodged
the complaint against the accused to take suitable
action. On the basis of the complaint, the Investigating
Officer registered the FIR and got issued notice against
the present petitioner u/s 41A of Cr.P.C. In view of
issuance of notice in respect of non-bailable, the
petitioner has filed this application seeking anticipatory
bail.
8.

Before considering the merits of the case it is
necessary to note that the views taken by Hon’ble Apex
5
Crl.Misc.No.7847/2023
Court of India in Cri.Appeal No.1279/2021 (Bhoopendra
Singh Vs. State of Rajasthan & Another) noted well
settled principles to be considered while considering the
bail application. For the sake of convenience the
relevant portion is extracted and reproduced here
under:
i)
ii)
iii)
iv)
v)
vi)
vii)
9.

Whether there is any prima facie or
reasonable ground to believe that the
accused had committed the offence.
nature and gravity of the accusation.
severity of the punishment in the
event of conviction.
danger of the accused absconding or
fleeing, if released on bail.
character, behavior, means, position &
standing of the accused;
likelihood of the offence being
repeated;
danger, of course, of justice being
thwarted by grant of bail.

In another judgment the Hon’ble Apex Court of
India Cri. Appeal No.1202/2021 (Prashant Singh Rajput
Vs. The State of Madhya Pradesh and Another) has
observed that while considering the application for bail
the Court has to consider the nature of offence, the role
of the person, the likelihood of his influencing the
course of investigation or tamper with the evidence,
6
Crl.Misc.No.7847/2023
likelihood of fleeing from justice.
10. The learned PP filed the CD along with the
objections. As per the CD the IO collected the
information from the bank officials and found that
lakhs together transaction made by the accused
persons. In this connection about 100 accounts are
frizzed. The notice issued to one Ishaq who is account
holder in ICICI Bank. In response to the notice, said
Ishaq appeared and informed that the said account is
given to Nishant and Parish.

The notice issued to one
Nishant and Parish and recorded their statement. They
have stated that they collected several Bank account
including Ishaq and given to one Noushad of Kerala. To
search said Noushad the IO went to the Kerala by
obtaining the permission from the higher officers. He
searched the Noushad and recorded his statement. In
his statement has stated that he collected several Bank
accounts including Nishant and Parish and given to the
Joshepf Nikhil of Kochhi. Thereafter they searched the
Joshepf Nikhil and on enquiry he informed that bank
accounts information collected from Noushad and
documents given to one Ahil Albe.

Thereafter they
searched the present petitioner/Ahil Albe and given
information to the nearest Pallurati Police Station.

7
Crl.Misc.No.7847/2023
Present petitioner/Ahil Albe taken his red Swift Maruti
car for return journey. The present petitioner/Ahil Albe
fails to furnish the bank account details which were
collected Joshepf Nikhil.

During the interrogation he
informed that he will provide the information of other
accused persons involved in the case and therefore, he
was accommodated to talk in phone and they talked in
Malayalam. They stayed at Trishure and while collecting
information about other accused who are involved in
the case are at Kochhi and proceeding in two vehicles
i.e., vehicle of IO and present petitioner/Ahil Albe. The
Kalmashari Police stopped the vehicle and found money
in car of present petitioner/Ahil Albe and no money
found in vehicle of IO. On the complaint filed by the
Ahil Albe the case has been registered against the IO.
11. The investigation is under process. When there are
serious allegations supported by sufficient material to
raise a prima-facie case against a citizen for an offence
punishable with imprisonment for 7 years.

The
offences alleged against the accused persons poses
serious
threat
to
the
financial
position
of
the
individuals from whose account the amount was drawn.
The CD information discloses that large number of
accused include in committing the offences.

In this
8
Crl.Misc.No.7847/2023
connection more than 100 accounts are freezed. To
ascertain
the
real
culprits
custodial
petitioner appears to be mandatory.

enquiry
of
To ascertain the
truth fullness of the allegations it is necessary to collect
the details of VPN and whatsup call. Under these
peculiar circumstances, in the opinion of this Court,
bail cannot be granted to such an accused/petitioner
merely on the concept of liberty. It is the allegation of
the petitioner that the FIR is registered against the IO of
this case on the basis of the complaint alleged to have
filed by petitioner/Ahil Albe. The copy of the translation
copy of the complaint is produced by the Advocate for
petitioner. On perusal of the translation copy of
complaint it is noticed that the said complaint is not
filed by the
Ahil Albe but it is filed by the Police
Inspector. Therefore, it could be said that the petitioner
tried to mislead the Court that the case is registered
against the IO on the basis of the complaint filed by
Ahil Albe.
12. It is well settled principle of law that at the stage of
deciding a bail petition, this Court cannot hold a mini
trial to find out merits or demerits of the case. If any
such mini trial is held, it would prejudice the rights of
the parties one way or other. Petitioner is resident of
9
Crl.Misc.No.7847/2023
Kerala and if he is released on bail he may abscond and
obstruct the investigation.
13. The petitioner has not produced his Aadhar card.
Having regard to the facts and circumstances of the
case, nature and gravity of the accusation, severity of
punishment, in the event of conviction, it is not safe to
grant bail to the petitioner. If the petitioner is enlarged
on bail, he may tamper the prosecution witnesses, may
abscond and may commit similar type of offences.
Hence, it is not fit case to exercise the discretion in
favor of petitioner. For the fore going reasons, I answer
this point in the negative.
14. Point No.2:- In view of my findings on point No.1,
I proceed to pass the following;
ORDER
The anticipatory bail petition filed by
petitioner u/s 438 of Cr.P.C. is hereby
rejected.
(Dictated to the Judgment Writer directly on Computer, typed
by her, taken print out, corrected by me and then pronounced in the
open Court on this the 8th day of September 2023)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru City.