Mohammed Ashik vs State Of Kerala
2024 Latest Caselaw 11779 Ker

Kerala High Court

Mohammed Ashik vs State Of Kerala on 30 April, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
         TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                        BAIL APPL. NO. 3363 OF 2024
                CRIME NO.9/2024 OF GENERAL, Other districts
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.2791 OF 2024 OF HIGH
COURT OF KERALA
PETITIONER:

              MOHAMMED ASHIK,
              AGED 26 YEARS
              S/O ALI, VALLIKUNNAN HOUSE,EDAKKARA, STATION PADI,NILAMBUR,
              MALAPPURAM., PIN - 679331
              BY ADVS.
              SIDHARTH O.
              SUSANTH SHAJI
              ALBIN A. JOSEPH


RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN
              - 682031
     2        STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, KANNUR,
              CYBER CRIME POLICE STATION, KANNUR,KANNUR DISTRICT,KERALA.,
              PIN - 670001
              BY ADV PUSHPALATHA M K - SR PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3363 OF 2024        2


                        P.G. AJITHKUMAR, J.
                       -------------------------------
                         B.A.No. 3363 of 2024
          --------------------------------------------------------
             Dated this the 30th day of April, 2024

                               ORDER

This is an application for bail filed under Section 439 of the

Code of Criminal Procedure, 1973.

2. The petitioner is the accused in Crime No. 9 of 2024 of

Cyber Crime Police Station, Kannur. He allegedly had committed

the offences punishable under Section 420 of the Indian Penal

Code and Section 66(D) of the Information Technology Act, 2000.

3. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

4. The prosecution allegation is that, the accused herein

contacted the defacto complainant through online under the

banner Media Agency Recruiter with offer to provide part-time

online job and instructed her to transfer funds to various

accounts promising high profits. The defacto complainant

transferred funds and resultantly he incurred a total loss of

Rs.14,56,175/- in between 10.02.2024 and 01.03.2024. Thereby

the above offences are alleged to have been committed.

5. The petitioner would contend that he did not involve in the

alleged crime and without any material or evidence, he has been

implicated in the crime. He is innocent. The investigation in the

matter has been progressed considerably and there is no reason

or justification for his further detention.

6. The learned Public Prosecutor would submit that

considering the seriousness of the offence and the possibility of

interfering with the investigation by the petitioner in the event of

his release on bail, this petition deserve only to be dismissed.

7. Having heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor, and considering the

nature and gravity of the offence, further detention of the

petitioner is unnecessary. I am therefore of the view that the

petitioner is entitled to be released on bail. It is true that the first

accused is to be arrested. Considering the facts and circumstances

of this case that cannot be a reason to deny bail to the petitioner.

In the result, the bail application is allowed and the

petitioner is granted bail on his executing a bond for Rs.50,000/-

(Rupees fifty thousand only), with two solvent sureties for the like

amount each, to the satisfaction of the learned Magistrate, subject

to the following conditions:

(i) He shall not influence or intimidate witnesses or

tamper with evidence;

(ii) He shall appear before the investigating officer as and

when called for; and

(iii) During the bail period, he shall not get involved in any

offence.

In case of breach of the bail conditions, the prosecution shall

be at liberty to apply for cancellation of the bail before the

jurisdictional Court.

Sd/-

P.G. AJITHKUMAR, JUDGE MSA

APPENDIX OF BAIL APPL. 3363/2024

PETITIONER ANNEXURES Annexure A1 TRUE PHOTOSTAT COPY OF THE FIR IN CYBER CRIME NO. 9/2024 OF CYBER CRIME POLICE STATION KANNUR Annexure A2 TRUE PHOTOSTAT COPY OF THE ORDER IN CMP NO.

1394/2024 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THALASERRY DATED 26.03.2024 Annexure A3 TRUE PHOTOSTAT COPY OF THE ORDER DATED 12-04- 2024 IN BAIL APPL.2791/2024 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA