HIGH COURT OF KERALA
BHARAT GUPTA – Appellant
Versus
STATE OF KERALA – Respondent
ORDER
The application is filed under Section 438 of the Code of Criminal Procedure , 1973 (for short ‘the Code’), for an order of pre-arrest bail.
2. The petitioner is the sole accused in Crime No.14/2024 of the Cyber Crime Police Station, Kollam, which is registered against him for allegedly committing the offences punishable under Section 420 of the Indian Penal Code r/w Section 66D of the Information Technology Act .
3. The gist of the prosecution case is that:
the accused had started an establishment named ‘Function Up’ and had made an advertisement offering online data Science course for students, and assured an employment in a U.S based company. The first informant on seeing the said advertisement had applied for the said course by paying a total amount of Rs.1,30,000/- through a finance company. After the commencement of the course, the first informant realised that the course offered by the accused was a scam. Many of the students who joined the course, discontinued their studies. Eventhough, the first informant requested the defacto complainant to discontinue her course and refund the course fee, the accused failed to refund the money. Thus, the accused has committed the a
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