Kerala High Court
Salmanul Faris A P vs State Of Kerala on 21 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:54004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
BAIL APPL. NO. 8639 OF 2025
CRIME NO.10/2023 OF CYBER CRIME POLICE STATION,
WAYANAD, WAYANAD AGAINST THE ORDER/JUDGMENT DATED
13.06.2025 IN CC NO.390 OF 2024 OF JUDICIAL MAGISTRATE OF
FIRST CLASS - I, KALPETTA.
PETITIONER:
SALMANUL FARIS A P.,
AGED 28 YEARS,
S/O. SIDDQUE, RESIDING AT HOUSE NO.11/95,
ALUNGAL, ASWASI, KAVILUMPARA POST,
KOZHIKODE DISTRICT, PIN - 673 513.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SHRI.RENJISH S. MENON
SMT.ALEENA JOSE
SMT.AVANTHIKA R.
SHRI.KARTHIK KRISHNA M.
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. PRASANTH M.P., PP
Bail Appl. No.8639 of 2025
2025:KER:54004
-2-
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8639 of 2025
2025:KER:54004
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.8639 of 2025
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Dated this the 21st day of July, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.10 of 2023 of Cyber Crime Police Station, Wayanad, which is now pending as C.C.No.390 of 2024 on the files of Chief Judicial Magistrate's Court, Kalpetta, registered for the offences punishable under sections 419 and 420 of the Indian Penal Code, 1860 (for short 'IPC') and Section 66D of the Information Technology Act, 2000 (for short 'IT Act').
3. According to the prosecution, the petitioner used to take details of advertisements for published in OLX sale of vehicles belonging to others and projected himself to be the owner and collected advances for sale of the vehicle and cheated the de facto complainant and thereby committed the offences alleged. Petitioner is alleged to have collected an amount of Rs.1,50,000/- from the the de facto complainant, intending to sell a vehicle bearing registration No.KL-39-D-5627.
4. After receiving summons from the Court, petitioner Bail Appl. No.8639 of 2025 2025:KER:54004 -4- failed to appear before the Court and hence his bail was cancelled, and a non bailable warrant was issued, pursuant to which he was arrested on 01.04.2025 and he has been in being in custody since then.
5. I have heard Sri.T Madhu., the learned counsel for the petitioner as well as Sri.Prasanth M P., the learned Public Prosecutor.
6. The learned counsel for the petitioner submitted that petitioner has been in custody since 01.04.2025 and hence further detention is not necessary.
7. The learned Public Prosecutor opposed the bail application and submitted that petitioner is involved in two other crimes as well and that each time he is granted bail, he absconds and with great difficulty he is apprehended from various places outside the State. It was also submitted that petitioner is a habitual absconder and, therefore, he ought not to be released on bail.
8. Considering the nature of allegations and also the fact that the petitioner was granted bail at the initial stage, I am of the view that continued custody of the petitioner is not necessary. However, since he has a history of absconding that too, after receiving summons, strict conditions must be imposed to ensure his presence in Court.
Bail Appl. No.8639 of 2025
2025:KER:54004 -5- In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall report before the Investigating Officer once every two months between 10.00 a.m and 12.00 p.m., on the last Saturday of every subsequent month.
(c) Petitioner shall co-operate with the trial of the case.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is on bail.
(f) Petitioner shall not leave the State of Kerala without the permission from the trial Court.
In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE ADS Bail Appl. No.8639 of 2025 2025:KER:54004 -6- APPENDIX OF BAIL APPL. 8639/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER DATED 13.06.2025 IN CRL.M.P.NO.1868/2025 ON THE FILES OF THE LEARNED CHIEF JUDICIAL MAGISTRATE'S COURT, KALPETTA.