SRINAGAR: 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 the fraudulent website—Curative Survey Private Limited— which, according to police, scammed and cheated gullible members of the public by falsely promising them huge returns on their investments.
After the alleged scam surfaced, police 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, shifting him to judicial custody at District Jail Srinagar on 9 January this year.
In its objections, the prosecution stated that the accused is an important part of the “crime syndicate” and, along with other absconding associates, against whom investigations are ongoing and who are yet to be arrested, floated a bogus and sham company. They induced the general public to invest in the company, promising profits and dividends. The public, believing in the bona-fides of this bogus company, invested crores of rupees. However, the company disappeared after amassing a huge investment from the general public, cheating and defrauding them.
“The role of the accused facing trial was critical in 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 stated, 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 the investigation of the case is complete, 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, a copy of which lies with GNS, granting bail to the accused, Kennedy, subject to conditions. The accused will not try to win over or influence prosecution witnesses in any manner and will participate in the trial before this court. (GNS)
