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.
--------------------------------------
Bail Appl. No.8759 of 2025
------------------------------------
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which was also withdrawn and thereby committed the offences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
2025:KER:54901
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
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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
2025:KER:54901
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.
