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Press Release from CyberLaw India


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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