Muhammed Shafi vs State Of Kerala

Gopinath P., J

This is an application for anticipatory bail.

Petitioner apprehends that he will be arrested in connection with Crime No.26/2023 of Cyber Crime police station, Ernakulam Rural, Ernakulam.

Learned counsel appearing for the petitioner would submit that the petitioner is a dealer in crypto currency. It is submitted that, the allegation against the petitioner is that he has several transactions with the Company named, AR Infra Developers, which is a Hyderabad based company. It is submitted that the de facto complainant in this case alleges that she had transferred huge sums of money to the AR Infra Developers. According to the de facto complainant, she was defrauded into transferring money into the account of AR Infra Developers. It is submitted that the petitioner has absolutely no direct relationship with the de facto complainant and there is no reason for summoning the petitioner in connection with the above crime. It is submitted that the petitioner has already subjected himself to interrogation on two occasions.

Learned Public Prosecutor, on instructions, would submit that huge sums of money had been transferred by the de facto complainant to the account of the aforesaid AR Infra Developers and according to the de facto complainant she had so transferred money, after being subject matter of fraud. It is submitted that money has been transferred from the account of AR Infra Developers to the account of the petitioner and therefore, the petitioner was summoned for interrogation. It is submitted that immediately after the transfer of a sum of Rs.40,000/- to the account of AR Infra Developers by the de facto complainant, a sum of Rs.4,24,000/- has been transferred from the account of AR Infra Developers to the account of the petitioner. It is submitted that on both the occasions when the petitioner was interrogated, he was not able to give any satisfactory explanation for the receipt of money from AR Infra Developers.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted anticipatory bail subject to strict conditions. I am inclined to take this view, as, prima facie, there does not appear to be any direct transaction between the de facto complainant and the petitioner. It is no doubt that there is an allegation that the amounts transferred by the de facto complainant to the account of AR Infra Developers have thereafter been transferred to the account of the petitioner. However, that, by itself, does not compel me to hold that the custodial interrogation of the petitioner is necessary in the facts and circumstances of the case.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.26/2023 police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Arresting Officer;

(ii) Petitioner shall appear before the investigating officer in Crime No.26/2023 of Cyber Crime police station, Ernakulam Rural at 11.00 A.M on 21.09.2023 and thereafter, as and when summoned to do so;

(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.. 26/2023 of Cyber Crime police station, Ernakulam Rural;

(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.26/2023 of Cyber Crime police station, Ernakulam Rural, may file an application before the jurisdictional court, for cancellation of bail.