Musthafa K.A. v. State of Kerala and Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: VIJU ABRAHAM
Judgment Date: 2022-07-29
Court Decision / Holding: Bail application allowed. The petitioner shall surrender before the investigating officer on 05.08.2022 and be released on bail on conditions: bond of Rs 50,000 with two solvent sureties; appearance as summoned; cooperation with investigation; no tampering with evidence; no inducing witnesses; not to commit any other crime while on bail. If violated, bail may be canceled. Police may pursue recoveries on information provided by the petitioner, consistent with the Apex Court’s guidance in Sushila Aggarwal v. State (NCT of Delhi) and another.
Final Disposition: Granted bail with conditions

Parties to the Case

Appellants / Petitioners

Musthafa K.A., S/o ABOOBAKKAR, Kalanthar Manzil, Rajagiri Post, Kalamassery, Ernakulam, 683104

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala
The Station House Officer, Thodupuzha Police Station, Idukki District
Mujeeb V.A., S/o Abdulkhadir, V.M., Vengathanathu House, Karikkode, Thodupuzha East, Idukki, Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Kashmeera Ashraf
• Smt. Sneha Divakaran P.

Counsels for Respondents

• Public Prosecutor Mithun Pavan
• Afzal Khan H. (K/000126/2017)

Case Synopsis & Summary

Musthafa K.A., the accused in Crime No. 876/2022 of Thodupuzha Police Station, moved a bail application under Section 420 IPC. The prosecution alleges that he cheated the defacto complainant by promising a dealership of 'Ammaa Cement' and collected Rs 10,08,400. The defense contends that though Annexure I shows an agreement, the deal did not materialize; only Rs 4,73,400 was received and a portion was used to start the office; balance Rs 2,19,500 was returned, as evidenced by Annexure III(a)-(k). The prosecution counters that the full amount was not returned, constituting cheating. The court notes that the petitioner has no prior criminal antecedents and, considering the nature of the allegations, grants bail with standard conditions: surrender before the investigating officer on 05.08.2022, bond of Rs 50,000 with two solvent sureties, appearance as summoned, cooperation with the investigation, no tampering with evidence, no inducement to witnesses, and no other crimes while on bail. It also relies on the Apex Court’s judgment in Sushila Aggarwal v. State (NCT of Delhi) and another to justify police recoveries during bail. The bail is granted on these conditions, with directions for production before the jurisdictional Magistrate if arrested, and compliance with all terms."

Provisions of Law Cited

Section 420 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicant submits that Annexure I shows an agreement dated 12/07/2021, but the dealership did not materialize. Only Rs 4,73,400 was received; a portion was used to establish the office, and Rs 2,19,500 was returned as evidenced by Annexure III (a)-(k). The accused contends there are no criminal antecedents and seeks bail with standard conditions.

Contentions of Respondents

The respondents contend that the accused cheated the defacto complainant by promising a dealership of Ammaa Cement and that the entire amount was not returned; the prosecution asserts the gravity of the offense and lack of complete restitution.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal and others v. State (NCT of Delhi) and another	2020 (1) KHC 663	Positive	Cited to justify police recoveries and investigative actions even when an accused is on bail, aligning with the apex court principle referenced in the order.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944** **BAIL APPL. NO. 4909 OF 2022** CRIME NO. 876 OF 2022 OF THODUPUZHA POLICE STATION ## **PETITIONER/ACCUSED:** MUSTHAFA K.A. S/O ABOOBAKKAR, KALANTHAR MANZIL, RAJAGIRI POST, KALAMASSERY, ERNAKULAM, 683104, PIN - 683104 BY ADVS. KASHMEERA ASHRAF SMT.SNEHA DIVAKARAN P. ## **RESPONDENTS/STATE AND DEFACTO COMPLAINANT:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER THODUPUZHA POLICE STATION, IDUKKI DISTRICT, PIN 679 335. 3 MUJEEB V.A., S/O. ABDULKHADIR, V.M., VENGATHANATHU HOUSE, KARIKKODE, THODUPUZHA EAST, IDUKKI, KERALA, PIN: 685585. BY ADVS. PUBLIC PROSECUTOR MITHUN PAVANAN AFSAL KHAN H.(K/000126/2017) ## **OTHER PRESENT:** PP - SRI. NIMA JACOB B.A.4909/2022 2 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.4909/2022 3 ## **ORDER** Dated this the 29[th] day of July, 2022 Petitioner is the accused in Crime No. 876 of 2022 of Thodupuzha Police Station registered for the offence punishable under Section 420 of Indian Penal Code. 2. The prosecution allegation is that the petitioner cheated the defacto complainant, by making him to believe that he will be given dealership of 'Ammaa Cement', obtained a sum of Rs.10,08,400/- from him. 3. The definite case of the petitioner is that though Annexure I agreement was executed, it did not materialize. It is submitted by the petitioner that only an amount of Rs.4,73,400/alone was received and a portion of the said amount was utilized for starting the office and the balance amount of Rs.2,19,500/had been returned to the defacto complainant as evidenced by Annexure III(a) to Annexure III(k). B.A.4909/2022 4 4. Heard the learned counsel appearing for the defacto complainant, who opposed this application by contending that the amount received by the petitioner has not been fully returned. 5. The learned Public Prosecutor on instructions submitted that the petitioner has not returned the amount to the defacto complainant and cheated him by making him believe that dealership of 'Ammaa Cement' will be given to him. It is also submitted that the petitioner has no criminal antecedents. 6. Considering the nature of allegations against the petitioner and considering the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. The above bail application is allowed with the following directions: The petitioner shall surrender before the investigating officer on **05.08.2022** and co-operate with the investigation. In the event of arrest of the petitioner in Crime No.876 of 2022 of Thodupuzha Police Station, the petitioner shall be produced B.A.4909/2022 5 before the jurisdictional Magistrate and shall be released on bail on the following conditions: (i) Petitioner shall execute a bond for sum of Rs.50,000/(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court; - (ii) Petitioner shall appear before the investigating officer as and when summoned to do so; - (iii) Petitioner shall co-operate with the investigation and make himself available for interrogation whenever required; - (iv) Petitioner shall not tamper with any evidence; (v) Petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer; - (vi) Petitioner shall not involve in any other crime while on bail. B.A.4909/2022 6 If any of the aforesaid conditions are violated, the Investigating Officer 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** sb B.A.4909/2022 7 ## **APPENDIX OF BAIL APPL. 4909/2022** PETITIONER ANNEXURES |Annexure-I|TRUE COPY OF THE AGREEMENT DATED| |---|---| ||12/07/2021.| |Annexure-II|TRUE COPY OF THE LEGAL NOTICE DATED| ||23/05/2022.| |Annexure-III (a)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||27/07/2021.| |Annexure-III (b)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||03/08/2021.| |Annexure-III (c)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||09/08/2021.| |Annexure-III (d)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||04/08/2021.| |Annexure-III (e)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||30/10/2021.| |Annexure-III (f)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||16/12/2021.| |Annexure-III (g)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||12/01/2022.| |Annexure-III (h)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||12/01/2022.| |Annexure-III (i)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||17/01/2022.| |Annexure-III (j)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||17/01/2022.| |Annexure-III (k)|TRUE COPY OF THE TRANSACTION RECEIPT DATED| ||26/05/2022.| |Annexure-IV|THE TRUE COPY OF THE DISCHARGE SUMMARY,| ||ISSUED FROM ASTER MEDICITY.| B.A.4909/2022 8