[Cites 1, Cited by 0]
Kerala High Court
Muhammed Ansil O.P vs State Of Kerala on 19 December, 2025
B.A.No.14611 of 2025
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2025:KER:98134
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 19TH DAY OF DECEMBER 2025 / 28TH AGRAHAYANA,
1947
BAIL APPL. NO. 14611 OF 2025
CRIME NO.345/2025 OF Kakkur Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED 05.12.2025 IN Bail
Appl. NO.14170 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.9:
MUHAMMED ANSIL O.P,
AGED 23 YEARS,
S/O MUSTHAFA, KACHERIKUNNUMMAL HOUSE,
PERIYAMTHODU, KODUVALLY,
KOZHIKODE, PIN - 673572
BY ADVS.
SHRI.NESAMUDHEEN
SHRI.RIBIN LAL S
SMT.SAFA C.M.
SMT.THASMIYA MANIKANDAN
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.14611 of 2025
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JOBIN SEBASTIAN , J
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B.A.No.14611 of 2025
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Dated this the 19th day of December, 2025
ORDER
This is an application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. The petitioner is the accused No.9 in Crime
No.345/2025 of Kakkur Police Station, Kozhikode District. The
offences alleged against the petitioner are punishable under Sections
318(4) and 111(1) of the Bharatiya Nyaya Sanhita, 2023 (for short
'BNS') and Section 66(D) of the Information Technology Act, 2008.
3. The prosecution allegation is that during the period
from 01.05.2025 and 05.05.2025, the petitioner along with other
accused with an intention to make unlawful gain to them and to make
unlawful loss to the defacto complainant, contacted the defacto
complainant through telegram and made him to believe that they will
provide him an online job and induced him to pay money and
received a total amount of Rs.22,78,528/- through various online
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transactions.
4. Head Sri. Nesamudheen, the learned counsel for
the petitioner and Sri. M.C. Ashi, the learned Senior Public
Prosecutor.
5. The learned counsel for the petitioner would
submit that the accusation against the petitioner, who is arrayed as the
9th accused in this case is absolutely false. According to the learned
counsel, the petitioner has no connection whatsoever with the bank
account through which money was transacted in this case. Moreover,
it was urged that the petitioner never contacted the defacto
complainant and had not induced him to send any amount through
online mode. Moreover, the learned counsel pointed out that all the
accused involved in this case were already granted bail by this Court,
other than the petitioner.
6. The learned Senior Public Prosecutor opposed the
application strenuously by highlighting the nature of the offence
committed and the stake of the amount allegedly grabbed by the
petitioner along with his companions. According to the learned Senior
Public Prosecutor, this is a clear case of online fraud and an in-depth
investigation is highly necessary to unearth the entire details involved
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and to bring each and everyone having complicity in the commission
of the offence before law.
7. From the submissions made by the learned Senior
Public Prosecutor and upon perusal of the records, I am of the view
that the accusation against the petitioner is prima facie well founded.
The allegation that the accused along with the other accused grabbed
a huge amount of Rs.22,78,528/- from the defacto complainant after
making a false promise to arrange an online job for him cannot be
viewed lightly. Anyhow, the petitioner is arrayed as the 9 th accused in
this case. From the available inputs, it is evident that the grabbed
amount was sent to different accounts and the petitioner is one of the
recipient of the amount. In the investigation so far conducted, it is
revealed that the amount received by the petitioner independently is
only Rs.50,000/-. Although the same is not a reason to justify the
offence alleged in this case, the fact that all other accused in this case,
who masterminded this offence were granted bail, cannot be ignored
while considering the present application. Moreover, the petitioner
was arrested in this case on 15.10.2025 and since then he has been
under judicial custody. As evident from the records, he was already
given in police custody and the investigation with respect to the role
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played by the petitioner, who is the 9th accused in this case is
practically over.
8. Therefore, having regard to the days of detention
already undergone by the petitioner and the role attributed to him in
the commission of the offence, I am inclined to grant him bail on the
following conditions:-
1. Petitioner shall execute a bond for Rs.1,00,000/-
(Rupees One lakh only) with two solvent sureties
each for the like sum to the satisfaction of the
jurisdictional Court.
2. The petitioner shall appear before the
Investigating Officer on every Monday between 10
a.m. and 11 a.m. for a period of three months or until
the final report is filed, whichever occurs first.
3. The petitioner shall co-operate with the
investigation and shall not, directly or indirectly,
make any inducement, threat, or promise to any
person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court
or to any police officer.
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4. Petitioner shall not leave India without
permission of the jurisdictional Court.
5. Petitioner shall not commit any offence while on
bail.
6. If the petitioner violates any of the above
conditions, the investigating officer is at liberty to
file an appropriate application for cancellation of
bail before the jurisdictional court, and if such an
application is filed, the jurisdictional court can pass
appropriate orders irrespective of the fact that this
order is passed by this Court.
Sd/-
JOBIN SEBASTIAN
JUDGE
Jms
2025:KER:98134
APPENDIX OF BAIL APPL. NO. 14611 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR DATED
14/05/2025 IN THE CRIME NO. 0345/2025
OF KAKKOOR POLICE STATION
Annexure A2 THE TRUE COPY OF THE ORDER DATED
10.11.2025 OF THE SESSIONS DIVISION,
KOZHIKODE IN CRL.MC. NO.1713/2025
