Kerala High Court
Hunais M vs State Of Kerala on 12 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
BAIL APPL. NO. 2566 OF 2023
CRIME NO.587/2019 OF KANNUR TOWN POLICE STATION,
THALASSERY
PETITIONER/ACCUSED NO.3:
HUNAIS M
AGED 43 YEARS, S/O. ABDUL KHADER,
ALEEMABI MANZIL, KACHERIPARA,
AZHEEKODE, AZHEEKODE P.O.,
KANNUR DISTRICT, PIN - 670009.
BY ADVS.
SRUTHY N. BHAT
P.M.RAFIQ
AJEESH K.SASI
M.REVIKRISHNAN
RAHUL SUNIL
SRUTHY K.K
NIKITA J. MENDEZ
SHANAVAS NALAKATH RANDUPURAYIL
P.VIJAYA BHANU (SR.)
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY
SR.PP.T.V.NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
Bail Appl.No.2566 of 2023
P.G. AJITHKUMAR, J.
-------------------------------
B.A.No. 2566 of 2023
--------------------------------------------------------
Dated this the 12th day of May, 2023
ORDER
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. The petitioner is the 3rd accused in Crime No.587 of 2019 of Kannur Town Police Station for having allegedly committed the offences punishable under Sections 379, 380, 406, 409, 417, 418, 419, 420 and 120B read with Section 34 of the Indian Penal Code, 1860 and Sections 65 and 66 of the Information Technology Act, 2000.
3. The prosecution allegation is that the petitioner along with the other accused in furtherance of their common intention and as per the conspiracy hatched by them had stolen source code of the software "TRADE EASY". They making use of that source code developed another software and sold to others under the name and style "TRADE ON"
and thereby gained unjust enrichment. The original source code belonged to the de facto complainant and by stealing the same, the petitioner and the co-accused have committed 3 Bail Appl.No.2566 of 2023 the aforementioned offences.
4. The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he was implicated in the crime.
5. The learned Public Prosecutor opposes grant of anticipatory bail to the petitioner. It is submitted that considering the nature of the offence, arrest and questioning of the petitioner is required and if anticipatory bail is granted, a proper investigation would not be possible.
6. In order to hold the investigation into the allegations levelled against the petitioner and other accused, what is required is the involvement of cyber experts. Detention of the petitioner may not render much help in the process of the investigation. I am of the view that detention of the petitioner during investigation can be avoided on imposing strict conditions.
In the result, the bail application is allowed and the petitioner is directed to surrender before the investigating officer within two weeks. After interrogation and in the event of his being arrested, he shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand 4 Bail Appl.No.2566 of 2023 only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:
(i) He shall appear before the Investigating Officer on every Tuesday and Friday for a period of three months or till the final report is filed, whichever is earlier;
(ii) He shall not leave the limits of the jurisdictional court without prior permission of the Magistrate until further orders;
(iii) He shall not go abroad without the permission of the jurisdictional Court and shall surrender his passport before the investigating officer, and in case he does not have a passport, he shall file an affidavit to that effect;
(iv) He shall not influence or intimidate witnesses or tamper with evidence; and
(v) During the bail period, he shall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
Sd/-
P.G. AJITHKUMAR, JUDGE APA 5 Bail Appl.No.2566 of 2023 APPENDIX OF BAIL APPL. 2566/2023 PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 17-03-
2023 IN CRL. M.C. NO. 280/2023 OF THE
COURT OF THE SESSIONS JUDGE,
THALASSERY
Annexure 2 TRUE COPY OF THE ORDER DATED 29-05-
2019, OF THE COURT OF SESSIONS,
KASARGODE, IN CRL.M.P. NO. 1730/2019