2025:KER:25409 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CRL.MC NO. 10856 OF 2024 CRIME NO.153/2024 OF CYBER CRIME POLICE STATION,THIRUVANANTHAPURAM, Thiruvananthapuram CMP NO.2956 OF 2024 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.15: SHAFEEQ M.M, AGED 37 YEARS S/O MAITHEEN, FLAT NO. 604 A, HILITE CITY, BYPASS, KOZHIKKODE DISTRICT (FROM MANGALATH VEEDU, NEAR KUMMANGAL MASJID,KUMBAMKALLU, KARIKKODE VILLAGE, THODUPUZHA TALUK, IDUKKI), PIN – 673021. BY ADVS. K.MOHAMMED RAFEEQ BIBIN MATHEW P.M.MATHEW AMARNATH R LAL SANALDEV E.P. VISHNUMAYA ANANDAN SONYMON ANTONY AJMAL V. KARIM RESPONDENT/S TATE AND COMPLAINANT : 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN – 682031. 2025:KER:25409 CRL.MC NO. 10856 OF 2024 2 2 STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM DISTRICT, PIN – 695033. SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:25409 CRL.MC NO. 10856 OF 2024 3 ORDER This Crl.M.C is filed seeking deletion of Condition Nos.1 and 4 imposed while granting bail to the petitioner as per Annexure-2 order. The petitioner had approached the trial court seeking deletion of the condition and on dismissal of that petition had approached the High Court also, resulting in Annexure-7 order followed by Annexure-8 order. 2. On being queried as to how a third Crl.M.C for the same purpose can be entertained, learned counsel replied that the earlier applications were rejected based on the allegation that Rs.40 lakhs had been transferred by the petitioner to the 1st accused. It is submitted that the investigating officer subsequently clarified that Rs.6,23,000/- was transferred. 3. If, as submitted, there is a change of circumstance, the remedy is to approach the trial court and not the High Court, particularly in view of the dismissal of the earlier Crl.M.Cs 2025:KER:25409 CRL.MC NO. 10856 OF 2024 4 filed for the same purpose. This Crl.M.C is hence dismissed, without prejudice to the petitioner’s right to approach the trial court highlighting the change of circumstance, and leaving it open for the court below to pass appropriate orders. Sd/- V.G.ARUN JUDGE Sru 2025:KER:25409 CRL.MC NO. 10856 OF 2024 5 APPENDIX OF CRL.MC 10856/2024 PETITIONER’S ANNEXURES Annexure-1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.153/2024 OF CYBER CRIME POLICE STATION, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM DISTRICT. Annexure-2 TRUE COPY OF THE BAIL ORDER OF THE HONOURABLE HIGH COURT OF KERALA DATED 09.09.2024 IN BA NO. 6883/2024. Annexure-3 TRUE COPY OF THE RESIDENCE PERMIT OF UNITED ARAB EMIRATES OF THE PETITIONER. Annexure-4 TRUE COPY OF THE TENANCY CONTRACT INFORMATION REGISTRATION CERTIFICATE OF ONE INFRA MARKETING SERVICES LLC . Annexure-5 TRUE COPY OF THE EMAIL EXTRACTION RECEIVED BY THE PETITIONER FROM THE GENERAL MANAGER, ONE INFRA MARKETING SERVICES LLC . Annexure-6 TRUE COPY OF THE COMMON ORDER DATED 10.10.2024 IN CMP NO. 2956/2024 AND 2957/2024 ON THE FILE OF THE HONOURABLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. Annexure-7 TRUE COPY OF THE ORDER DATED 30.10.2024 IN CRL MC NO. 8825/2024 ON THE FILE OF THE HONOURABLE HIGH COURT OF KERALA. Annexure-8 TRUE COPY OF THE ORDER DATED 30.10.2024 IN CRL MC NO. 8812/2024 ON THE FILE OF THE HONOURABLE HIGH COURT OF KERALA. Annexure-9 TRUE COPY OF THE NON-NATIONAL IDENTITY CARD ISSUED BY THE REPUBLIC OF SIERRA LEONE Annexure-10 TRUE COPY OF THE MOTOR DRIVER’S LICENSE OF THE PETITIONER ISSUED IN SIERRA LEONE 2025:KER:25409 CRL.MC NO. 10856 OF 2024 6 Annexure-11 TRUE COPY OF THE MEMORANDUM AND AMENDED ARTICLES OF ASSOCIATION OF THE PETITIONER’S COMPANY IN SIERRA LEONE