The application is filed under Section 439 of the Code of Criminal Procedure by the 3rd accused in Crime No.82/2024 of the Cyber Crime Police Station, Thiruvananthapuram, which is registered against the accused for allegedly committing the offences punishable under Sections 419 and 420 r/w Section 34 of the Indian Penal Code and Section 66D of the Information Technology Act . The petitioner was arrested on 19.04.2024.

2. The gravamen of the prosecution case is that: the accused, in furtherance of their common intention, had induced the defacto complainant to make investments in an online international gold trading on the assurance that he would be given profit.

Accordingly, the defacto complainant transferred Rs.37,46,880/- in various bank accounts from 04.02.2024 as instructed by the accused. However, the accused did not pay any profit or return the capital.

Thus, the accused have committed the above offences.

3. Heard; Sri.T.S.Sarath, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against him. There is no mat