Muhammed Rafi @ Mulla Rafi vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.214/2021 of Ernakulam Town South police station alleging commission of offence under Section 420 of the

Indian Penal Code.

The gist of the allegation against the petitioner is that he took away two Innova cars belonging to the de facto complainant and his wife on the

promise that the vehicles will be returned after a few days and thereafter failed to return the vehicles and therefore he committed the offence alleged

against him.

Learned counsel appearing for the petitioner submits that both the vehicles in question were recovered by the police. It is submitted that the

petitioner is a vehicle broker and the vehicles in question were entrusted to him for the purpose of sale. It is submitted that the petitioner has been in

custody since 24.11.2021 and that further detention of the petitioner is not necessary for the purpose of investigation into the case.

Learned Public Prosecutor, on instructions, submits that the petitioner is a habitual offender and there are eight other cases registered against him

where he faces similar allegations. It is also submitted that the grant of bail will not be conducive to the prosecution as there is every likelihood that the

petitioner will influence the material witnesses and will also involve in similar offences in future.

Having regard to the facts and circumstances of the case and considering the fact that continued detention of the petitioner may not be necessary

for the purpose of investigation into Crime No.214/2021 of Ernakulam Town South Police station, I am of the opinion that the petitioner can be

released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail

subject to the following conditions:-

(i) The 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

jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.214/2021 of Ernakulam Town South Police station on every Saturday at 11 am until further

orders;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.214/2021 of

Ernakulam Town South police station;

(iv) The petitioner shall not enter Ernakulam district except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and

file the same before the said court within seven days of release on bail;

(vi) 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.214/2021 of Ernakulam Town South police station may file an

application before the this Court, for cancellation of bail.