Divya v. State of Kerala
In the High Court of Kerala
B.A. 4379/2018
Before Justice Raja Vijayaraghavan V
Decided on September 25, 2018

Relevancy of the case: Bail application in a case involving financial fraud using identity theft.

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• Indian Penal Code, 1860 (Section 34, 120B, 416, 419, 465, 468, 470, 471)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The applicant’s husband was the Managing Director of M/s Regal Colectil Trading LLP and the applicant is one of the directors. The applicant is accused number 3, while her husband is accused number 2.
• Accused number 1 has allegedly spoofed the email address of Chairman of the Qatar Museum Authority and sent an invoice by email to the CEO of the Museum directing to transfer USD 760,000 to accused number 2’s account.
• The amount was transferred to the account of accused number 2 and was misappropriated by the accused. They were all arrested after a complaint was made by the second respondent i.e. Qatar Museum Authority.
• Thus, the present bail application has been filed.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the suit instituted by the Qatar Museum Authority against accused number 2’s company has been settled and the entire amount has been transferred to the Museum Authority. Bail is granted to the applicant’s husband in the said matter.
• The respondent’s counsel submitted that the entire amount has been transferred to the nominated account and they have no further grievances.

Final Decision

• Petition allowed.
• Bail granted subject to certain conditions.

This case summary has been prepared by Neelangini Tiwari, an undergraduate student at Kirori Mal College, DU, during her internship with The Cyber Blog India in January/February 2021.