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Rafik Nibisab Mulla vs. State Of Kerala

Bail Appl./6051/2023HC KeralaGSTCNR KLHC01051873202322 August 2023Bench: HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.4 pages
AI SummaryAllowed

Held

The High Court made the interim anticipatory bail granted earlier absolute, noting that the petitioner had surrendered, cooperated with the investigation, and there was no material to show he directly contacted the defacto complainant. He was allowed to continue on bail subject to conditions.

Facts

The petitioner sought anticipatory bail in a cybercrime case where the defacto complainant was defrauded of over Rs. 8 lakh by unknown persons promising lottery winnings and collecting money for various charges, including a 'GST Certificate'. A portion of the defrauded amount, Rs. 1 lakh, was transferred to the petitioner's bank account.

Key Issues

The key legal issue was whether the petitioner, accused of receiving a portion of defrauded money in a cyber lottery scam, was entitled to anticipatory bail, considering his cooperation with the investigation and the extent of his alleged involvement.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
BAIL APPL. NO. 6051 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 22ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 BAIL APPL. NO. 6051 OF 2023 CRIME NO.19/2021 OF CYBER CRIME POLICE STATION, KOLLAM CITY, Kollam PETITIONER/S: RAFIK NIBISAB MULLA AGED 31 YEARS S/O NIBISAB MULLA, 1101 BUDHWAR PETH SHIVAJI ROAD, OPPOSITE MANGAL KARYALAYA, PUNE CITY, MAHARASHTRA STATE, PIN - 411002 BY ADVS. R.RAJESH (VARKALA) MANU RAMACHANDRAN M.KIRANLAL SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON RESPONDENTS/COMPLAINANT & STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE INSPECTOR CYBER CRIME POLICE STATION, KOLLAM CITY, PIN – 691001. SMT.SREEJA V, SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 6051 OF 2023 2 ZIYAD RAHMAN, A.A, J BA No. 6051 of 2023 Dated this the 22nd day of August, 2023

This is an application for anticipatory bail.

2.

The petitioner is the accused in Crime No. 19/2021 of Cyber Crime Police Station, Kollam City, Kollam District. The said crime was reg

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.