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
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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
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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
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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.
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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
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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.
