Gauhati High Court on Monday granted bail to an accused who was taken into custody on the premise that despite specific direction, he did not install CCTV cameras in an ATM.
The applicant/accused is representative of FIS Payment Solutions and Services India Ltd. The said Company is dealing with installment/maintenance and operation of ATM kiosks in all public sector banks in the entire North-eastern States of India. ATMs have been installed. On 30.01.2020, at night, some miscreants cut opened an ATM volt and took away Rs.25,90,000/- and damaged assets worth Rs.2,00,000/-.
Gauhati High Court Chief Justice Mr Ajai Lamba observed that, ”it appears that the applicant has been taken in custody on the premise that despite specific direction, the applicant did not install CCTV cameras, and therefore, the miscreants could not be apprehended.”
On questioning the Assistant Public Prosecutor as regards recovery recovery from the applicant the court was informed that three notes of Rs.500/- denomination each have been recovered as the accused.
An FIR against the accused registered under Section 457/380 Indian Penal Code.
Section 457, IPC states that whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.
Section 380, IPC states that whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
“Considering the totality of the facts and circumstances of the case, I find that the applicant might have been implicated only because he did not perform his duties, as stipulated. CCTV cameras were not installed, although they were required to be installed. Technically, offence under Sections 457/380 IPC might not be found to have been committed during the course of trial, in view of peculiar facts and circumstances of the case”, said Chief Justice Ajai Lamba while granting bail to accused.
-India Legal Bureau