The Karnataka HC recently in a case while rejecting the petition filed by two African nationals who were accused in the matter of ATM fraud, observed that merely the fact that the accused have been in judicial custody for two years is not grounds for granting bail.
The accused namely Ivan Kambonge and Lawrence Mukamu were charged under IPC Sections 419, 420, 465, 468, 471, sections 66(C) and 66(D) of the Information Technology Act, and sections 14, 14(A), 14(B) of the Foreigners Act. The complainant alleged that on the previous day, he had received a message alerting him that Rs 25,000 had been withdrawn from his bank account in three transactions.
The complainant blocked the cards and got to know that skimming devices were used for taking out the money. A case was filed and police arrested the two petitioners.
Justice K Natarajan, further observed that if the petitioners are released on bail, securing their presence again might be impossible. petitioners are able to get fake ID cards and fake debit cards. If they are granted bail, there is every possibility of them getting fake passport and fleeing.