Curative case: Court grants bail to accused from Tamil Nadu
A court here on Tuesday granted bail to one of the accused from Tamil Nadu who was arrested by Cyber Police Kashmir in January this year in connection with fraudulent website—Curative Survey Private Limited— which according to police have scammed and cheated gullible public by falsely promising them of huge returns on their investments.
After surfacing of the alleged scam, police had filed a case (FIR No 39/2023 U/S 66D IT Act & 420 IPC) and subsequently arrested one of the accused— Vinoth John Kennedy (27), a Bachelor in Engineering (Computer Science) and a Software developer— from Tamil Nadu and shifted him to judicial custody at District Jail Srinagar on 9 January this year.
In its objections, the prosecution had said the accused is the important part of the “crime syndicate”, and along with other absconding associates against whom investigation is going on and are yet to be arrested, floated a boqus and sham company and induced the general public to invest in the company so that the public may earn profits and dividends. The public had believed in the bona-fides of this bogus and sham company and invested to the tune of crores of rupees, the prosecution said. However, this bogus private company after gobbling up the huge investment from the general public disappeared, and thus people in general were cheated and defrauded, it said.
“The role of the accused facing the trial was critical into the whole design of the conspiracy. There is material on record which suggests unequivocally that the role of the accused/ applicant is central to the scam of bogus investment opportunities,” the prosecution said, adding, “So, in the facts and circumstances of the case, the application at this stage when even the charge is yet to be framed, merits rejection”.
On the other hand, advocate Aamir Massodi contended that there was no bar for the court to release the accused on bail who had been in custody for months together.
He submitted that no notice was served to the accused under Section 41-A CrPC and that investigation of the case is completed and the accused is not required to be kept in custody.
“The charge-sheet against the accused has been filed by the Police Station Cyber Crime, which means that the investigation of the case is complete and the custody of the accused is not required for any personal interrogation,” Forest Magistrate Feroz Ahmad Khan said in an order, and granted bail to the accused, Kennedy, subject conditions that the accused will not try to win over or influence the prosecution witnesses in any manner and that he will participate in the trial before this court.
