Kerala High Court
Muhammed Salim C vs State Of Kerala on 25 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:54901
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
BAIL APPL. NO. 8759 OF 2025
CRIME NO.1064/2024 OF THOPPUMPADY POLICE STATION,
ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED 02.07.2025 IN
BAIL APPL. NO.8081 OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
MUHAMMED SALIM C.,
AGED 26 YEARS,
S/O.UMMER,CHOOLAYIL HOUSE, AKAMPPADAM,
ERANJIMANGAD P.O., NILAMBUR,
MALAPPURAM DISTRICT,, PIN - 679 329.
BY ADV SHRI.M.S.BREEZ
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
PIN - 682 031.
2 STATION HOUSE OFFICER,
THOPPUMPADY POLICE STATION,
ERNAKULAM DISTRICT-, PIN - 682 005.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8759 of 2025
2025:KER:54901
-2-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.8759 of 2025
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Dated this the 25th 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 fourth accused in Crime No.1064 of 2024 of Thoppumpady Police Station, Ernakulam, registered for the offences punishable under sections 316(2) and 318(4) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. According to the prosecution, the accused had cheated the de facto complainant of an amount of Rs.1,85,000/- from by impersonating themselves as CBI Officers and out of the amounts cheated certain amounts were transferred to the petitioner's account, which was also withdrawn and thereby committed the offences alleged. Petitioner was arrested on 31.05.2025, and he has been in custody since then.
4. I have heard Sri.M.S.Breez., the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 31.05.2025, hence further Bail Appl. No.8759 of 2025 2025:KER:54901 -3- detention is not necessary.
6. The learned Public Prosecutor opposed the bail application.
7. Petitioner along with other accused, are alleged to have cheated the de facto complainant of a large amount of money after accused Nos.1 and 2 impersonated themselves as CBI Officers and thereafter, transferred a portion to the petitioner's account, which was later withdrawn.
8. Though the allegations are serious in nature, considering the young age of the petitioner and also the period of custody already undergone by him from 31.05.2025, I am of the view that the petitioner ought to be released on bail. Even though the learned Public Prosecutor pointed out that there are several complaints against the petitioner, the learned counsel for the petitioner pointed out that those crimes are registered without any basis and, by including the petitioner as an accused in all crimes were accused Nos.1 and 2 have committed criminal acts.
9. Be that as it may, considering the period of detention already undergone by the petitioner, I am of the view that further custody is not necessary. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following Bail Appl. No.8759 of 2025 2025:KER:54901 -4- 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 appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
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.8759 of 2025 2025:KER:54901 -5- APPENDIX OF BAIL APPL. 8759/2025 PETITIONER ANNEXURES ANNEXURE A1 THE COURSE COMPLETION CERTIFICATE ISSUED TO THE PETITIONER FROM THE INSTITUTE OF MEDICAL SCIENCES, KANNUR MEDICAL COLLEGE, ANJARAKANDI DATED 18/11/2024 ISSUED BY THE PRINCIPAL OF THE SAID INSTITUTE.
ANNEXURE A2 THE PETITIONER COMPLETED HIS INTERNSHIP FROM KANNUR MEDICAL COLLEGE, KANNUR. THE INTERNSHIP COMPLETION CERTIFICATE ISSUED BY THE HOD OF THE DEPARTMENT OF ANESTHESIOLOGY, KANNUR MEDICAL COLLEGE, KANNUR DATED 18/11/2024.
ANNEXURE A3 THE DIPLOMA CERTIFICATE ISSUED TO THE PETITIONER BY THE CHAIRMAN, BOARD OF EXAMS, DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT OF KERALA DATED 30/11/2024. ANNEXURE A4 TRUE COPY OF THE ORDER DATED 04/06/2025 IN C.M.P.NO.917/2025 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI. ANNEXURE A5 TRUE COPY OF THE ORDER DATED 02/07/2025 IN B.A.NO.8081/2025 OF THIS HON'BLE COURT.
ANNEXURE A6 THIS IS EVIDENCED BY THE MEDICAL CERTIFICATE DATED 09/06/2025 ISSUED BY DR.NAJMA MUHAMMED, ASSOCIATE PROFESSOR, DEPARTMENT OF PULMONARY MEDICINE KMCT MEDICAL COLLEGE HOSPITAL, CALICUT.