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2025 DAILYLAW 4543 (KER)

RAMEES.K.R v. THE STATE OF KERALA

Bail Appl./3677/2025 · 2025-04-08

P V Kunhikrishnan

body2025

Judgment text

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BA No.3677 of 2025 1 2025:KER:30977 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 BAIL APPL. NO. 3677 OF 2025 CRIME NO.26/2024 OF CYBER CRIME POLICE STATION, THRISSUR, Thrissur PETITIONER(S)/NOT ARRAYED AS ACCUSED: RAMEES.K.R AGED 26 YEARS, S/O RASHEED, KAKASSERI HOUSE, KAIPAMANGALAM, THRISSUR, PIN - 680681 BY ADV RAJESH CHAKYAT RESPONDENT ( S )/STATE AND COMPLAINANT : 1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER CYBER CRIME POLICE STATION, THRISSUR RURAL, IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121 BY ADV. : SR PP - NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.3677 of 2025 2 2025:KER:30977 P.V.KUNHIKRISHNAN, J. ------------------------------------------- BA No.3677 of 2025 -------------------------------------------- Dated this the 08th day of April, 2025 O R D E R This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 2. The petitioner is an accused in Crime No.26/2024 of Cyber Crime Police Station, Thrissur Rural, Irinjalakuda. The above case is registered against the petitioner and others alleging offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 and also under Section 66D of the Information Technology Act. 3. The allegation in the above crime is that the defacto complainant, who was attracted on the BA No.3677 of 2025 3 2025:KER:30977 advertisement published in Economic times, was induced by the 1st accused and with an intention to cheat him, the 1st accused joined him in a whatsapp group named “B1 Gold Stock Investor Discussion Group”. Thereafter, it is alleged that the accused shared a website link to the defacto complainant and induced him to do share trading. It is also alleged that, between 22.09.2024 and 31.10.2024 the defacto complainant had transferred Rs.1,34,50,000/- from his account to the different accounts of the accused. It is further alleged that the accused had not given back the invested money or its profit and had thus cheated the defacto complainant. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 5. When this case came up for consideration on 02.04.2025, this Court passed the following order: “The petitioner shall appear before the Investigating BA No.3677 of 2025 4 2025:KER:30977 Officer on 04.04.2025. The Investigating Officer can interrogate the petitioner and submit a report before this Court whether further custodial interrogation is necessary. Post on 08.04.2025. The petitioner shall not be arrested till then.” 6. Today, when the matter came up for consideration, the Public Prosecutor submitted that the petitioner surrendered, but custodial interrogation of the petitioner is necessary. It is also submitted that all the accused are arrested and thereafter released on bail. The counsel for the petitioner submitted that the petitioner is ready to abide any condition imposed by this Court, if this Court grant him bail. 7. After hearing both sides, I think, the petitioner also have to surrender before the Investigating Officer. The Investigating Officer can interrogate the petitioner and after interrogation, if arrest is recorded, he shall be produced before the BA No.3677 of 2025 5 2025:KER:30977 jurisdictional court where the petitioner can file appropriate application for bail. Therefore, 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. If arrest is recorded, the petitioner shall be produced before the jurisdictional court on the date of surrender itself. 3) The petitioner is free to file bail application before the jurisdictional court at the time of producing him. If such a bail application is filed with advance copy to the prosecutor concerned, the jurisdictional court BA No.3677 of 2025 6 2025:KER:30977 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 nvj JUDGE