2025:KER:30947 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 9TH DAY OF APRIL 2025 / 19TH CHAITHRA, 1947 BAIL APPL. NO. 4344 OF 2025 CRIME NO.65/2024 OF CYBER CRIME POLICE STATION, THRISSUR, Thrissur PETITIONER/S: SHIHABUDHEEN MANKADA AGED 41 YEARS S/O. KUNHIMOIDEEN HAJI, M.K. VILLA, KUNDUKULAM, VALAKULAM P.O., THENNALA, MALAPPURAM DISTRICT, PIN - 676508 BY ADVS. JERRY PETER ANSU SARA MATHEW SHABNAMOL VAKKEN HYDERALI N.K. NAYANA VARGHESE NAMITHA GEORGE GANESH CHANDRAN S. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 ASSISTANT COMMISSIONER OF POLICE C BRANCH, THRISSUR CITY, OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, C BRANCH, THRISSUR CITY, THRISSUR DISTRICT, PIN - 680554 PP-G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30947 BAIL APPL. NO.4344 OF 2025 2 P.V.KUNHIKRISHNAN, J --------------------------------------- B.A. No.4344 of 2025 --------------------------------------------------- Dated this the 09th day of April, 2025 O R D E R This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS). 2. Petitioner is an accused in Crime No.65/2024 of Cyber Crime Police Station, Thrissur. The above case is registered alleging offences punishable under Section 420 of the Indian Penal Code and Section 66(D) of the Information Technology Act. 3. The prosecution case is that; with the intent and plan to deceive the defacto complainant and fraudulently extort money, an unidentified accused called the defacto complainant on 02.04.2024 from the mobile number 7087697003 to the defacto complainant's number. The accused falsely introduced themselves as an official representative of CINV company and claimed to be a franchisee in India. They provided online classes about shares 2025:KER:30947 BAIL APPL. NO.4344 OF 2025 3 and convinced the defacto complainant that investing in shares would yield up to 500% profit. Gaining the defacto complainant's trust, between 22.04.2024 and 31.05.2024, the accused fraudulently obtained ₹1,24,80,000/- in eight transactions from the complainant’s Canara Bank account into seven different accounts. However, neither the promised profits nor the invested amount was returned, thereby committing fraud and alleged offences under Sections 420 of IPC and 66(D) of IT Act. 4. After hearing both sides, I think this is not a fit case, in which orders u/s.482 BNSS can be 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. 2025:KER:30947 BAIL APPL. NO.4344 OF 2025 4 5. 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 surrenders 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 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 2025:KER:30947 BAIL APPL. NO.4344 OF 2025 5 petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN, JUDGE SSG