Kerala High Court
Nafid A vs State Of Kerala on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
BAIL APPL. NO. 9206 OF 2022
Crime No. 630/2022 of Aroor Police Station, Alappuzha District
PETITIONER/ACCUSED:
NAFID A, AGED 32 YEARS
/O. ABDUL VAHAB K.A.,BAITHU NAVAR, NADUVATH NAGAR
P.O.,AROOKUTTY,AROOKUTTY CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688526.
BY ADVS.
P.ABANI
S.KRISHNALAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
OTHER PRESENT:
SR PP SMT.SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 9206 OF 2022
2
VIJU ABRAHAM, J
BA No.9206 of 2022
rd
Dated this the 23 day of December, 2022
O R D E R
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No. 630/2022
of Aroor Police Station, Alappuzha District for offence
punishable under Section 420 of IPC.
3. The prosecution allegation is that the accused
received a total amount of Rs.1,49,000/-(Rupees One Lakhs
Forty Nine Thousand Only) from the defacto complainant for
distributing 400 cement bags in lower price but petitioner had
given only 80 cements bags for an amount of Rs.30,000/- and
not distributed the balance cement for Rs.1,19,000/-/-(Rupees
One Lakhs Nineteen Thousand Only) and thus committed the
aforesaid offence.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
he has been falsely implicated in the aforesaid crime and his
BAIL APPL. NO. 9206 OF 2022
custodial interrogation is not required for the purpose of the
investigation.
6. The learned Public Prosecutor opposed the application
for bail mainly contending that the petitioner is involved in
other case of a similar nature. The learned counsel for the
petitioner submitted that the said case has already been settled.
7. Considering the facts and circumstances of the case
and the nature of the allegations and taking into consideration
that the petitioner has no other criminal antecedents, I am of the
opinion that custodial interrogation of the petitioner may not be
required for the purpose of the investigation and only a limited
custody be granted for the same, I am inclined to grant
anticipatory bail to the petitioner.
In the result, this application is allowed. Petitioner shall
surrender before the investigating officer in Crime No. 630/2022
of Aroor Police Station, Alappuzha District, on 29.12.2022 at 11
am and make himself available for interrogation. The petitioner
shall co-operate with the investigation. It is directed that in the
event of arrest of the petitioner in Crime No. 630/2022 of Aroor
Police Station, Alappuzha District, he shall be produced before
BAIL APPL. NO. 9206 OF 2022
the Jurisdictional Court on the same day and he shall be
released on bail subject to the following conditions:-
(i) The petitioner shall execute a bond for a
sum of Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for the
likesum to the satisfaction of the Jurisdictional
Court,
(ii) The petitioner shall appear before the
investigating officer in Crime No. 630/2022 of
Aroor Police Station, Alappuzha District as and
when required for the investigation,
(iii) The petitioner shall not attempt to
influence the defacto complainant or interfere
with the investigation or to influence or
intimidate any witness in Crime No. 630/2022
of Aroor Police Station, Alappuzha District,
(iv) The petitioner shall not involve in any
other crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No. 630/2022 of Aroor Police
BAIL APPL. NO. 9206 OF 2022
Station, Alappuzha District may file an application before the
jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to
investigate the matter and if necessary to effect recoveries on
the information if any given by the petitioner even when the
petitioner is on bail as per the judgment of the Apex Court in
Sushila Aggarwal and others v. State (NCT of Delhi) and
another (2020 (1) KHC 663).
sd/-
VIJU ABRAHAM, JUDGE
R.AV
