B.A.No.3435 of 2025 1 2025:KER:28111 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 BAIL APPL. NO. 3435 OF 2025 CRIME NO.96/2024 OF CYBER CRIME POLICE STATION, THRISSUR, THRISSUR PETITIONER(S)/ACCUSED: S. HARIHARAN AGED 56 YEARS S/O SHANMUGAM, 3/62, GANDHI NAGAR, PUNGANUR P.O, RAMJEE NAGAR, TIRUCHIRAPPALLI DISTRICT, TAMIL NADU, INDIA, PIN - 620009 BY ADVS. SARATH BABU KOTTAKKAL ARCHANA VIJAYAN SEBASTIN RESPONDENT(S)/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV. PP – SRI. G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3435 of 2025 2 2025:KER:28111 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.3435 of 2025 ------------------------------- Dated this the 02nd day of April, 2025 O R D E R This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is an accused in Crime No.96/2024 of Cyber Crime Police Station, Thrissur. The above case is registered against the petitioner and others alleging offences punishable under Section 420 of the Indian Penal Code, 1860, Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 66D of the Information Technology Act. 3. The prosecution case is that the accused, with an intention to earn unlawful gain from the defacto complainant, sent a message to a Whatsapp number and made her believe that they are Directors of GOLD MAN SACHS Company and made her to join in a Whatsapp group. It is alleged that the defacto complainant lost huge amount of money. Hence it is alleged that the accused committed the above said offences. B.A.No.3435 of 2025 3 2025:KER:28111 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 5. When this bail application came up for consideration on 19.03.2025, this Court passed the following order: “The petitioner will appear before the Investigating Officer on 24.03.2025. The Investigating Officer can interrogate the petitioner. The petitioner shall not be arrested till the next posting date. The Investigating Officer will submit a report before this Court whether further custodial interrogation of the petitioner is necessary. Post on 28.03.2025.” 6. The counsel appearing for the petitioner submitted that the petitioner surrendered before the Investigating Officer. But the Public Prosecutor submitted that the petitioner is not cooperating with the investigation and his custodial interrogation is necessary. Simply because an accused is not cooperating with the investigation, this Court cannot deny bail to the petitioner. But, considering the facts and circumstances of the case, I am of the considered opinion that this is not a fit case in which orders u/s.482 BNSS can be B.A.No.3435 of 2025 4 2025:KER:28111 passed. At this stage the counsel for the petitioner submitted that the petitioner will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to produce the petitioner after interrogation before the jurisdictional court and there may be a direction to the jurisdictional court to consider the bail application on the date of production of the petitioner. I think that prayer can be allowed. 7. Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following directions. 1) The petitioner will surrender before the Investigating Officer within two weeks from today. 2) If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioner and shall produce the petitioner before the jurisdictional court on the date of surrender itself. 3) The petitioner is free to file a bail application before the jurisdictional court at the time of producing him before the jurisdictional court. If such a bail application is filed with advance copy to the prosecutor concerned, the jurisdictional B.A.No.3435 of 2025 5 2025:KER:28111 court will consider that bail application in accordance with law and pass appropriate orders in it preferably on the date of filing of the same itself. 4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such an application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN, JUDGE DM