Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 5926 (KER)

SHAMAN M.K.P v. STATE OF KERALA

Bail Appl./4550/2025 · 2025-04-11

P V Kunhikrishnan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BA No.4550 of 2025 1 2025:KER:32277 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 BAIL APPL. NO. 4550 OF 2025 CRIME NO.1/2025 OF CYBER CRIME POLICE STATION, IDUKKI, Idukki PETITIONER(S)/ACCUSED: SHAMAN M.K.P AGED 34 YEARS S/O. JAMAL, KHADEEJAMANZIL, EZHILODE P.O., KANNUR, PIN - 670309 BY ADV C.K.SREEJITH RESPONDENT ( S )/STATE AND COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 PRADEEP K.R AGED 46 YEARS S/O. RAMAKRISHNAN, KOCHUPARAMBIL, 5 MILE, KUMILY, UDUMBANCHOLA, CHAKKUPALLAM, IDUKKI, PIN - 685509 BY ADV.: SRI NOUSHAD K A, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.4550 of 2025 2 2025:KER:32277 P.V.KUNHIKRISHNAN, J. ------------------------------------------- BA No.4550 of 2025 -------------------------------------------- Dated this the 11th day of April, 2025 O R D E R This Bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2. Petitioner is an accused in Crime No.01/2025 Cyber Crime Police Station, Idukki. The above case is registered against the petitioner alleging offences punishable under Section 420 of IPC and also under Section 66D of the Information Technology Act, 2000. 3. The prosecution case is that, the accused/petitioner contacted the de-facto complainant through Telegram introducing himself as he is an authorized person of trading company BA No.4550 of 2025 3 2025:KER:32277 named @ Catalyst Markets Customer service 12 and offered profit through trading causing the defacto complainant to deposit Rs. 2,22,57,090/- to the account given by accused through 46 transaction and had paid back only Rs. 6,800/-. Hence, it is alleged that the accused committed the offence. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. The Public Prosecutor opposed the bail application. He submitted that the petitioner is involved in three other cases with same set of facts. 5. After hearing the counsel for the petitioner in detail, I am of the considered opinion that, it is not a fit case in which the bail can be granted under Section 482 of BNSS. At this stage the counsel for the petitioner submitted that, the petitioner is ready to surrender before the Investigating Officer. The BA No.4550 of 2025 4 2025:KER:32277 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. Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following conditions: 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. BA No.4550 of 2025 5 2025:KER:32277 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 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