JUBAIR PADINJAREKANDIYI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail under Section 439 of the Cr.P.C.

(2.) The applicants are accused 4 and 5 in Crime No.197/2021 of Vadakara Police Station for having allegedly committed the offences punishable under Sections 120B, 420, 468 and 471 of the I.P.C. and under Section 66(c) of the Information Technology Act.

(3.) The prosecution case, in brief, is that the applicants allegedly hatched a conspiracy with accused 1 to 3, who are residents of New Delhi, and had come to Kerala on 08.02.2021 and stayed in a lodge near Vadakara Railway Station. The facility for their stay was arranged by the applicants. The applicants thereafter conspired with accused 1 to 3 to commit ATM fraud and thereby cheat gullible persons. The applicants thereby collected details of various persons, who are using ATM cards, and using a device called 'Skimmer', they siphoned out huge sums of money from the account of various persons. On 16.02.2021 accused 1 to 3 returned to Delhi and thereafter, using fake ATM cards, withdrew Rs.40,000/- from the account of the de facto complainant. The applicants had frequent contact with accused 1 to 3 and they had also arranged for their stay and they were also members of the Whatsapp group, which was involved in the use of Skimmers for the purpose of siphoning money of persons. The applicants were arrested on 31.03.2021 and remanded to judicial custody.