Sub: COURT GRANTS BAIL TO E-MAIL BOMB HOAX ACCUSED
A Delhi Court today granted bail to Joseph Jose, who has been accused
of the offence of stealing internet hours and sending a hoax e-mail relating
to placing of bombs in Connaught Place, a prime shopping area of Delhi.
The Court of Smt. Mamta Sehgal, Addl. Sessions Judge, New Delhi granted
bail to the accused in the first case of its kind in the country.
Arguing on behalf of Joseph Jose , India's leading Cyberlaw authority,
Mr. Pavan Duggal, Advocate, Supreme Court stated that no case of either
hacking or tampering was made out against the accused. Mr. Duggal further
argued that there was no nexus between his client, Joseph Jose and the
alleged anonymous e-mail, warning of bombs placed in Connaught Place.
On 6th of June, a leading national daily received an anonymous e-mail
that six bombs had been placed in Delhi's premier shopping area. The newspaper
immediately alerted the police, who undertook a massive search for the
culprit. The police investigation found that the e-mail had been sent from
an e-mail account of M/s Wave International. The police allegedly also
traced the number from which internet was accessed and from which the e-mail
was sent and on that basis, the police made the arrest. Joseph Jose is
a Senior Executive with a multinational Bank, with a diploma in Information
Technology.
The police registered a case under Section 379, Indian Penal Code read
with Section 66 of the Information Technology Act, 2000 and Section 25
of the Indian Telegraph Act, 1885.
Mr. Duggal argued that there was no direct evidence collected by the
police linking Joseph Jose to the crime and in any case Section 66 of the
I T Act was not applicable.
The court heard arguments of the counsel for the accused and the prosecution
and thereafter passed the order for bail. In its order, the court considered
the totality of the facts and circumstances of the case and admitted Joseph
Jose on bail subject to his furnishing bail bond of Rs. 15,000/- and two
sureties of the like amount subject to the satisfaction of the concerned
Metropolitan Magistrate.
This is India's first case of an anonymous e-mail bomb hoax.
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