BHARATH GURUMUKH JETHANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant is the first accused in two crimes. BA No.1204/2021 pertains to Crime No.599/2020 of Manjeri Police Station, for offences allegedly punishable under Sections 379, 465, 468, 471, 120B r/w Section 34 of the IPC and 43, 66C, 66D, 70(3) and 72 of the Information Technology Act while BA No.624/2021 pertains to Crime No.751/2020 of Thrikkakara Police Station. for offences allegedly punishable under Sections 420 IPC and 43, 66C, 66D of the Information Technology Act.

(2.) The prosecution case in both the crimes which are almost similar, in brief is that, the applicant had in further of common intention with the other co-accused conspired to hack accounts of gullible persons and accordingly,inCrime No.599/2020 of Manjeri Police Station, account No.67220236223 of SBI, Civil Station branch, Thrissur of the de facto complainant was hacked by the applicant and others, and a sum of Rs.1,02,696/- was siphoned off from that account after the Internet banking ID and Password of the account holder was hacked. Likewise, in Crime No.751/2020 of Thrikkakara Police Station, he had along with the other accused hacked the account of the account of one Suresh Kumar, the de facto complainant therein and a sum of Rs.25,190/- was siphoned off his account. Thus, these crimes were registered.

(3.) The applicant states that the allegations are not true and that he is only a student and that he has been operating the Internet and happened to be made a scape-goat by the other co- accused and that he has no criminal antecedents. He belongs to a decent family, he is willing to abide by any conditions and the application may be allowed as he has been in custody since 18.11.2020 in connection with Crime No.599/2020 of Manjeri Police Station. Formal arrest in Thrikkakara crime was recorded on 11.12.2020.