SACHIN KAPOOR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal petition is filed under Sec. 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C ") seeking pre-arrest bail to the petitioner/Accused in the event of his arrest in connection with F.I.R No.1582 of 2021 of P.S Cyber Crime, Hyderabad District, for the offences punishable under Ss. 419, 420 of the Indian Penal Code, 1860 (for short "IPC ") and Ss. 66-D and 66-C of the Information Technology Act, 2000 (for short "IT Act ").

(2.) Heard Ms.Divya Adepu, learned counsel for the petitioner and the learned Assistant Public Prosecutor for respondentState.

(3.) Learned counsel for the petitioner submits that petitioner was granted transit bail by the Metropolitan Magistrate, Dwarka Courts, New Delhi by order dated 08.12.2021 on furnishing bail bond for a sum of Rs.1,00,000/- along with one surety of like amount and the petitioner is directed to surrender himself before the Court of ACMM at Hyderabad on or before 13.12.2021. Learned counsel submits that the offences alleged against the petitioner are under Ss. 419, 420 of IPC and Ss. 66-D and 66-C of IT Act, which are punishable with imprisonment below seven years, as such the police ought to have followed the procedure contemplated under Sec. 41-A of Cr.P.C.