9911796707
TMI Blog2021 (6) TMI 1175X X X X Extracts X X X X X X X X Extracts X X X X ..... event such person from committing any further offence, or for proper investigation of the offence or to prevent such person from exploiting the evidence of the offence to disappear or tamper such evidence in any manner or to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or the Police Officer, or unless such person is arrested his presence in the Court whenever required cannot be ensured, and the Police Officer shall record his reasons in writing while making such arrest. The law does not mandate a blanket ban on arrest of accused against whom there is a reasonable suspicion of commission of a cognizable offence punishable with imprisonment for a term of less than 7 years or which may extend to 7 years but requires that the Police officer should be satisfied about the necessity of arrest on the conditions as noted in the sub-clauses (a) to (e) and should record reasons for the same. Even the High Powered Committee of this Court constituted under the directions of the Hon'ble Supreme Court issued direction to scrupulously follow the directions in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase. The so-called employees of the call centre were all granted regular bail without any Police custody remand. All the computers, datas, phones which are required for investigation have already been recovered and no recovery is required to be made from the petitioner. Since the offences alleged against the petitioner are punishable with sentence upto seven years imprisonment, the petitioner was required to be given a notice under Section 41-A of the Cr.P.C. in terms of the decision of the Supreme Court reported as (2014) 8 SCC 273 Arnesh Kumar Vs. State of Bihar Anr. Further while issuing the guidelines for arrest the High Powered Committee of this Court directed that in view of the COVID-19 situation the judgment of the Supreme Court in Arnesh Kumar (supra) should be followed and accused who are not required for interrogation be not arrested and in this regard the High Powered Committee issued directions to the Commissioner of Police to issue guidelines to all DCPs to ensure compliance of the decision of the Supreme Court in Arnesh Kumar, (supra), DLSA to conduct sensitization programme and directions on administrative side to the concerned District and Sessions Judges to ensure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... report the said 15 accused were arrested and it was revealed that the offence by the accused was committed in the manner, beginning with a VICI Dial software generated pre-recorded threatening robo-call claiming to be from Amazon, being sent to victim and telling the recipient US resident that suspicious transactions have taken place in their Amazon account and thereafter deceitfully persuading the victims to connect with them via Remote Access Software for resolving that issue. The victim's computer/mobile remote access was connected to the software like Quick Support, Any Desk, etc., in the fictitious name of connecting victim to secure Amazon server. Thereafter the victim was made to purchase e-Gift cards (X-Box, Gpay etc.) through their Amazon account linked Credit/Debit cards claiming that to be dummy transaction and part of verification process, thereby persuading the victim to login into their internet banking for getting Amazon refund amount resulting in the accused getting the information regarding victim's banking credentials and making them transfer amount to temporary Zelle accounts, crypto-currency wallets of the accused. E-mail was then sent to the victim tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he State, custodial interrogation of the petitioner is required to unearth the source from which the petitioner procured the data of US resident victims, Zelle accounts/US bank accounts, crypto-currency wallets (used to receive the cheated amount). The petitioner was the Admin of the WhatsApp group of the centre, namely, $$SALES$$ which also contains incriminating details of the cheated amount, crime methodology and the role of the other co-accused. Since the petitioner could not be arrested, his non-bailable warrants were sought from the learned Trial Court which were granted on 13th May, 2021. The complete trail of money of the cheated amount is also required to be identified and unearthed. Considering the gravity of the offence, learned APP for the State submits that present is not a case for grant of anticipatory bail as the petitioner is involved in a serious offence which has ramifications internationally, as citizens of US were cheated in a fraudulent manner by VOIP call by misleading the victims, the material evidence in relation to the manner of cheating, the procurement of data, the violations committed resulting in loss to the Government exchequer are still to be unearth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Further, the losses to the Government exchequer and the extent of cheating to the number of victims involved is also required to be unearthed and based on this material the investigating officer sought the non-bailable warrant of the petitioner which has already been granted by the learned Trial Court vide its order dated 13th May, 2021. 10. Learned counsel for the petitioner has vehemently relied on the fact that the petitioner is working with M/s. Deans Infratech Pvt. Ltd. with its offices at Delhi and Mumbai and the company is engaged in the road construction business. Though this fact has been verified form the Managing Director of the company who stated that the petitioner was appointed in his company on 8th September, 2017 as Business Development Manager and his work profile was to develop new business opportunities throughout India without being physically based in any particular office location, however, the petitioner's employment as Business Development Manager with M/s. Deans Infratech Pvt. Ltd. does not lead to an inference that the petitioner is not running a centre from which 15 employees and two other co-accused have already been arrested. Further, the medical d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
