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MHCC020024272024
IN THE COURT OF SESSIONS MUMBAI, AT GR. MUMBAI
BAIL APPLICATION NO. 336 OF 2024
IN
C.R./F.I.R. NO.89 OF 2023
Ayyapan Murgeshan
Age: 36 years. Occ: Service.
R/a: 1/194, 2nd floor, NH-3,
Annasalai, Mariamalainagar,
Kancheepuram, Tamil Nadu- 603209.
… Applicant/Accused no.4
Vs.
State of Maharashtra
( Through N.M.Joshi Marg Police Station)
… Respondent
Appearances :Ld. Advocate Mr.Shilpa Sharma for the Applicant.
Ld APP Mr. Ramesh Siroya for the State.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
R.R. PATARE (C.R.NO.01)
DATED : 16th February, 2024.
ORAL ORDER
1.

This is third application filed under Section 439 of Code of Criminal
Procedure (Here-in-after referred as “Cr.P.C.” in short) seeking bail in
connection with crime No.89/2023 registered with N.M.Joshi Marg police
station, Mumbai for the offences punishable under Sections 419 and 420 of
the Indian Penal Code, (Here-in-after referred as “IPC” in short) read with
offences punishable under Section 66 (C) and 66 (D) of Information
Technology Act. Crime No.89/2023 came to be registered on the report
made by Smt. Shradha Ujwal Bhure, wherein it is stated that on 3.1.2023
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he received advertisement of City Bank Diners Club on her Whatsapp
account from mobile No.8808569497 regarding credit card. One Saurabh
Sharma, relationship Manager of City Bank Diners Club international gave
information regarding City Bank Diners and benefits of having card of said
bank. The informant was convinced and she decided to purchase card of
City Bank Diners. The informant also received Android phone from the said
bank. She activated said Andorid phone as per the directions of Saurabh
Sharma. The informant also open link provided by Saurabh Sharma and
filled up the information as per direction. It is alleged that the bank
account of informant came to be hacked and amount of Rs.3 lac was
transferred in the account of Tanishq Chennai for purchase of gold
ornaments. It is the allegation of prosecution that the gold purchase from
Tanishq Chennai was sold and amount was credited in the name of
different accused including the present applicant/accused. The informant
realized fraud and reported incident to police station N.M.Joshi Marg.
2.

The applicant/accused is seeking bail on the ground of false
implication. It is stated that accused is innocent and has not committed any
offence. Custodial interrogation of accused is not necessary. The accused is
ready to abide conditions of bail. It is further stated that accused is not
benefited by the alleged transaction. There is no evidence to connect
accused in the commission of offence. Investigation is completed and
chargesheet is filed. It is further stated that co-accused is enlarged on bail.
Therefore, accused is entitled to get bail on the ground of parity. Bail order
passed in bail application no.2339 of 2023 by Hon’ble High Court dt.
31.01.2024 is also placed on record.

The applicant/accused is requested
to enlarge him on bail.
3.

The Learned APP has filed say and opposed the bail application. It is
alleged that the applicant/accused has committed serious offence. There is
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evidence to connect accused in the commission of offence. APP apprehends
tampering of evidence and lastly requested to reject the application.
4.

Perused application, say and heard advocates for the parties. It is the
allegation of prosecution that accused alongwith co-accused hacked the
bank account of informant and purchased gold ornaments from Tanishq
Chennai and committed online fraud of Rs.3,00,000/-. Allegations
regarding online fraud are made against applicant/accused. Previous two
bail applications filed on behalf of applicant/accused came to be rejected
vide order dated 10.8.2023 in bail application No.1892/2023 and vide
order dated 16.02.2024 in bail application No.2887 of 2023. Similar
grounds were raised in the said application. Previous application filed on
behalf of applicant/accused came to be rejected on merit on hearing both
parties. No change in circumstance is pointed out on behalf of
applicant/accused. The role attributed to the present applicant/accused is
not identical with the role of co-accused who is enlarged on bail. There is
evidence to suggest that some amount is transferred in the bank account of
accused. The evidence on record is sufficient to connect accused in the
commission of offence. It is notice that cases of online fraud are increasing
and innocent persons are cheated. The allegations made against accused
are of serious and grave nature. The tampering of evidence and accused
fleeing from bail cannot be ruled out as pointed out by APP for state. From
the case paper it is seen that initially accused hacked the bank account of
informant and purchase gold ornaments and thereafter sold the same and
distributed amount between applicant and co-accused. The case of online
fraud by showing false advertise on social media are increasing. The
accused has failed to made out ground to enlarge him on bail. Hence,
following order.

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ORDER
Criminal Bail Application No. 336 of 2024 stands rejected.

Date
: 16.02.2024
Dictated on : 16.02.2024
Transcribed on : 16.02.2024
HHJ signed on : 16.02.2024
(R.R.PATARE)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay (C.R.No.01)
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENO
: 16.02.2024 at 5.00 p.m.
: Mrs. Varsha N. Rajogle.

NAME OF THE JUDGE
HHJ SHRI.R.R.PATARE
(C.R.No.01)
Date of Pronouncement of Order
16.02.2024
Order signed by the P.O. On
16.02.2024
Order uploaded on
16.02.2024
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