Judgment
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 O R D E R 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 registered for the offences punishable under Sections 419, 420, 468, 471 and 34 of the Indian Penal Code and Section 66(D) of the Information technology Act.
3.
The prosecution case is that, some unknown persons contacted the defacto complainant on 21.7.2021, through his e-mail and informed him that he was the lucky winner in a lottery conducted by a Coco Cola Company worth Rs.51,45,000/- a laptop and I phone. Thereafter, the said accused persons collected an amount of Rs.8,08,800 towards expenses for the customs clearance, GST Certificate, United Station’s anti-terrorist Certificated, Money Transfer Charge etc, thereby defrauded the defacto complainant. It is alleged that, among the said amount, an amount of Rs.1,00,000/-, was transferred to the account of the petitioner.
4. The crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of the said case, this application for anticipatory bail is submitted in such circumstances.
5.
Heard Sri.Rajesh R (Varkala), the learned counsel appearing for
BAIL APPL. NO. 6051 OF 2023 3 the petitioners and Smt.Sreeja V, the learned Senior Public Prosecutor appearing for the State.
6.
Earlier, when the matter came up for consideration, an interim order was passed by this court on 7.8.2023, directing the petitioner to surrender before the investigating officer within two weeks from the date of the order. It was also ordered that, upon that surrender, the petitioner shall be released on bail, upon he executing a bond for a sum of Rs.50,000/- with two solvent sureties each for the like sum, to the satisfaction of the Investigating Officer.
7.
Today, when the matter came up for consideration, the learned Public Prosecutor upon instructions submitted that the petitioner already surrendered before the investigating officer, and his arrest was recorded and released on bail as directed by this court. It is evident that the petitioner is cooperating with the investigation.
8.
It is also discernible from the records that, the only allegation against the petitioner is that, the petitioner received portion of the said amount in his account, however, as of now, there is no material to show that the petitioner contacted the defacto complainant. In such circumstances, taking note of the aforesaid aspects including the fact that the petitioner is cooperating with the investigation, I deem it appropriate that, the interim bail granted to the petitioner as per order dated 7.8.2023, is absolute, by making it clear that the petitioner can continue on bail, on the basis of the executing a bond before the
BAIL APPL. NO. 6051 OF 2023 4 investigating officer. It shall be subject to the condition that the petitioner shall appear before the investigating officer as and when necessary. The petitioner shall not commit any offence of similar nature while on bail. The petitioner shall not intimidate or influence any of the witnesses.
sd/- ZIYAD RAHMAN, A.A, JUDGE R.AV