SHAJAHAN M. Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest and detention, the petitioner, who is the accused in Crime No. 27 of 2017 of Thiruvananthapuram Cyber Police Station for offences under Sections 66E and 67A of Information and Technology Act , 2000 and Sections 354C and 354D of Indian Penal Code, has approached this Court by filing a petition under Section 438 of the Criminal Procedure Code.

(2.) The case of the prosecution is as follows: The petitioner is employed as Hamal-cum-Stitcher and working in the Coir Board Showroom and Sales Depot at Coir Bhavan, Biscomaun Bhavan, Gandhi Maidan, Patna. The de-facto complainant was working as a sales girl in the Coir board showroom, Thrissur, where the petitioner was previously working. The de-facto complainant requested the petitioner to help her to overcome the financial difficulties in her family. Accordingly, he availed loans of Rs.1,00,000/- each by the petitioner and de-facto complainant from the Canara Bank, Thrissur. The total loan amounts were utilized by the de-facto complainant. Later, the de- facto complainant defaulted in making re-payments to the Bank contrary to the promise. Accordingly, the petitioner warned the de-facto complainant that he would take appropriate action against her. Thereafter, the de-facto complainant made a complaint against the petitioner before the CBCID (South Zone) Thiruvananthapuram and on the basis of that, Crime No.27 of 2017 of Thiruvananthapuram Cyber Police Station was registered against the petitioner for offences punishable under Sections 66E and 67A of Information and Technology Act , 2000 and Sections 354C and 354D of Indian Penal Code. Apart from that, the de-facto complainant made allegations and complaints against the petitioner before the Internal Complaints Committee of the Coir Board, which was found to be baseless. Earlier, the Cyber Police had already investigated the matter and questioned the petitioner. According to the learned counsel for the petitioner, the intention of the de-facto complainant is to harass the petitioner.

(3.) The petitioner has approached the Sessions Court, Thiruvananthapuram seeking bail and the learned Sessions Judge, as per Annexure I order dated 15.02.2018, dismissed the same.