Anticipatory bail in cyber fraud denied where prima facie material and custodial interrogation were necessary to trace the money trail.

Anticipatory bail was declined in a large-scale cyber fraud case involving VOIP calls, remote access software, e-gift cards, crypto-currency wallets and Zelle accounts. The court found prima facie material from WhatsApp chats and recoveries linking the petitioner to the operation and treated the investigation as still at a preliminary stage. Custodial interrogation was held necessary to trace the source of victim data, the money trail and the full conspiracy, and the principles applicable to arrests in offences punishable up to seven years were held not to create a blanket bar. The petitioner's employment and medical material were found insufficient to justify pre-arrest protection.

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Issues: Whether anticipatory bail should be granted to the petitioner in view of the allegations, the stage of investigation, and the claimed medical condition.

Analysis: The allegations disclosed a large-scale cyber fraud involving coordinated cheating through VOIP calls, remote access software, e-gift cards, crypto-currency wallets, and Zelle accounts. The material collected during investigation, including WhatsApp chats and recovery from co-accused, provided prima facie support for the prosecution version that the petitioner was directing the operation. The Court held that the investigation was still at a preliminary stage and that custodial interrogation was necessary to unearth the source of victim data, the money trail, and the extent of the conspiracy. The principles governing arrest in cases punishable up to seven years, as explained in the cited precedent, did not create a blanket bar against arrest. The petitioner's employment and medical material were found insufficient to displace the need for investigation or to show any serious co-morbidity affecting him due to the pandemic.

Conclusion: Anticipatory bail was declined.

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