This is an application filed by accused Nos. 1 to 6 in Crime No.1830/2014 of Adoor police station, Pathanamthitta District, for regular bail under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nut shell was that, the accused persons with an intention to cheat the defacto-complainant and others by offering job through internet and collected amount to the tune of ₹ 21,19,130/-
from various persons and they were in India without any passport and visa and thereby they have committed the offence punishable under Sections 120(B), 420 read with Section 34 of the Indian Penal Code and 66(D) of IT Act, 2000 and Section 14 (a) (b) of Foreigners Act, 1946 and Section 3(2) (a) (3) of Passport Act, 1920.
3. The counsel for the petitioner submitted that, the petitioners have not committed any offence and they are innocent of the same. They are in jail from 01.09.2014 onwards. Further there is no material to connect the petitioners with the alleged transaction and the only connection is that they belong to Nigeria and the investigation proceeds on the basis that persons from Nigeria have involved in the crime and except that no material has been collected and no offence has been made out against the petitioner. So they are entitled to get bail.
4. On the other hand, the application was opposed by the Public Prosecutor on the ground that, investigation is in progress and it is in the preliminary stage and the connection with the petitioners has been located on the basis of a mobile phone call and investigation is still in progress in this regard.
5. Heard both sides and perused the records.
6. It is an admitted fact that, on the basis of the statement given by the defacto-complainant, originally a crime was registered as Crime No.1830/2014 of Adoor police station, against one James Clifford, alleging offence under Section 420 of Indian Penal Code. During investigation, it was revealed that, the present petitioners have involved in the crime and it is on that basis the petitioners have been arrayed as accused Nos. 1 to 6. Further it was revealed that they do not have any valid passport and visa to stay in India. Accordingly offence under Section 120(B) read with Section 34 Of the Indian Penal Code and Section 66(D) of the IT Act, 2000 and Section 14(a) (b) of Foreigners Act and Section 3(2) (a) (3) of Passport (Entry to India) Act were added. It is true that, the petitioners have been arrested on 01.09.2014 and they are in jail from that day onwards. But on going through the investigation files, it is revealed that, huge amount has been deposited in the accounts of several persons and investigation is going on to trace out their connection with the present petitioners as well. Further, since the petitioners have no valid passport and also they do not have visa, releasing them on bail at this stage will amount to allowing them to commit further offence under respective enactments as well.
7. Considering the nature of allegations and also considering the manner in which offences committed, and the electronic media has been used for this purpose, this court feels that, it is not a fit case to grant bail to the petitioner at this stage, as it may affect the smooth progress of the investigation. So the petitioners are not entitled to get bail at this stage. The application is liable to be dismissed.
In the result, the petition is dismissed.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss