Unknown vs By Advs.Sri.P.Venugopal (1086/92) on 17 January, 2018

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Kerala High Court

Unknown vs By Advs.Sri.P.Venugopal (1086/92) on 17 January, 2018

Bench: V Raja Vijayaraghavan

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

               THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

          WEDNESDAY, THE 17TH DAY OF JANUARY 2018 / 27TH POUSHA, 1939

                            Bail Appl..No. 8958 of 2017


          CRIME NO.28/2017 OF CYBER POLICE STATION, THIRUVANANTHAPURAM.
                                       ...



APPLICANT/ACCUSED:


           MOHAMMED MUSTHAFA, AGED 28 YEARS,
           S/O. THAMPARA ABDURAHIMAN,
           CHERUPARAMBIL HOUSE, KUZHIMANNA P.O.,
           KONDOTTY, MALAPPURAM DISTRICT.


           BY ADVS.SRI.P.VENUGOPAL (1086/92)
                   SMT.T.J.MARIA GORETTI



RESPONDENT/COMPLAINANT:


           STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM, PIN - 682 031.


           BY PUBLIC PROSECUTOR SRI.SAJJU. S


           THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
           ON 17-01-2018, THE COURT ON THE SAME DAY PASSED THE
           FOLLOWING:

mbr/

                  RAJA VIJAYARAGHAVAN V, J.
                --------------------------------------
                      B.A.No.8958 of 2017
                   --------------------------------
               Dated this the 17th day of January, 2018


                                  ORDER

1.This petition is filed under section 438 of the Code of Criminal Procedure.

2.The petitioner herein is the accused in Crime No.28 of 2017 of the Cyber Police Station, Pattom, registered alleging offence punishable under Section 420 of the IPC and Section 66 of the Information Technology Act.

3. The informant is the Regional Director, Lulu Group International. The allegation is that the petitioner herein posted fake job offers through social media and various websites of which he is the administrator and duped the public by accepting enrolment fees from them by offering jobs in M/s. Lulu Group. According to the informant, this was done with intent to tarnish the goodwill of M/s.Lulu Group.

4.The learned counsel appearing for the petitioner submitted that the petitioner herein is the administrator of www.regularjobz.com, a leading job site, where job seekers all over India and other parts of the world browse for job postings worldwide. The website aggregates the information B.A.No. 8958 of 2017 2 available online and post the same in their websites for ease of job seekers. An online job seeker can click on a particular link and he is automatically directed to the career page of the concerned job provider. He is also administrating another website www.jobzuae.com which also caters to job seekers worldwide. It is further submitted that the petitioner never charges any paise from the visitors of the website. Their only source of revenue is from the traffic generated by the website and the advertisements generated there from. Revenue is also obtained by Google AdSense which also is linked to the unique visitors and the traffic generated. It is finally submitted that the offence under Section 420 of the IPC or Section 66 of the Information Technology Act are not attracted.

5.The learned Public Prosecutor has opposed the prayer. It is submitted that the investigation is in the early stages and request have been sent to Google and the hosting website to ascertain the veracity of the allegations raised in the complaint.

6.I have considered the submissions advanced and have gone through the case diary. Prima facie, I find considerable B.A.No. 8958 of 2017 3 merit in the submissions advanced by the learned counsel. In the facts and circumstances, it does not appear to me that custodial interrogation of the petitioner is warranted. I am of the view that the relief of pre-arrest bail can be granted to the petitioner.

7.In the result, this application is allowed. However, it shall be subject to the following conditions.

i).The petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum.

ii)The petitioner shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed.

iii)The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

iv)The petitioner shall not commit any similar offence while on bail.

v) If he surrenders before the court concerned, this order shall not be applicable and the jurisdictional court may pass appropriate orders.

B.A.No. 8958 of 2017 4

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

Sd/-

RAJA VIJAYARAGHAVAN V., JUDGE IAP //True Copy\\ P.A to Judge

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