Kerala High Court
Abdurahiman C.M vs State Of Kerala on 28 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:55944
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
BAIL APPL. NO. 8571 OF 2025
CRIME NO.460/2024 OF THALIPARAMBA POLICE STATION,
KANNUR AGAINST THE ORDER/JUDGMENT DATED 18.06.2025 IN CRMC
NO.842 OF 2025 OF DISTRICT COURT & SESSIONS COURT / RENT
CONTROL APPELLATE AUTHORITY, THALASSERY.
PETITIONER:
ABDURAHIMAN C.M.,
AGED 51 YEARS,
S/O MUHAMMED, CHENNIAR MANNIL HOUSE,
KATTIPPARA POST, THAMARASSERY,
KOZHIKODE DISTRICT, PIN - 673 573.
BY ADV SRI.P.K.RAVISANKAR
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8571 of 2025
2025:KER:55944
-2-
BECHU KURIAN THOMAS, J.
--------------------------------------
Bail Appl. No.8571 of 2025
------------------------------------
Dated this the 28th day of July, 2025
ORDER
This bail application is filed under section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the fourth accused in Crime No.460 of 2024
of Thaliparamba Police Station, Kannur, registered for the offences
punishable under section 420 r/w Section 34 of the Indian Penal Code
(for short 'IPC') and Section 66D of the Information Technology Act,
2000 (for short 'IT Act').
3. According to the prosecution, during the period between
21.03.2024 and 10.04.2024, accused along with the other accused
induced the de facto complainant to transfer an amount of
Rs.11,82,000/- through different bank accounts, promising high profits
through Online Trading, but the accused had neither paid the profits
nor return the money and thereby committed the offences alleged.
4. Sri.Ravi Sankar P K., the learned counsel for the
petitioner, contended that the prosecution allegations are false and
that the incident as alleged had not occurred. It was also submitted
that the petitioner is suffering from a mental health disorder, as seen
2025:KER:55944
in Annexure B to Annexure E documents. According to the learned
counsel, subjecting the petitioner to custodial interrogation will be
highly prejudicial to his health and therefore, bail ought to be granted,
as he is ready to abide by any condition that may be imposed.
5. Smt.Sreeja V., the learned Public Prosecutor, on the other
hand, submitted that out of the total amount of Rs.11,82,000/-
defrauded, Rs.3,95,000/- came into the account of the petitioner and
immediately thereafter, he withdrew the same through cheques
indicating his involvement in the crime. It was also submitted that all
possible medical support will be provided in the event of any necessity
and, therefore, the said condition as mentioned in the annexures
produced by the petitioner, is not a justification for avoiding his
custodial interrogation.
6. I have considered the rival conditions.
7. Petitioner is alleged to have cheated the de facto
complainant along with other accused. An amount of Rs.3,95,000/-
came into the account of the petitioner which was immediately
transferred to other accounts and withdrawn indicating the
involvement of the petitioner in the crime.
8. Though the contention of the petitioner relying upon
Annexure B to Annexure E documents were impressive at first blush,
on a consideration of the same, it cannot be held that, merely because
2025:KER:55944
he has taken certain prescriptions from a psychiatric doctor, the same
should persuade this Court to avoid custodial interrogation.
In view of the above, I find no merit in this bail application,
and it is dismissed. However, if, in case, petitioner is arrested after
interrogation, he shall be produced before the jurisdictional Court
without delay. Further if, any application for bail is filed, the same
shall also be considered, taking note of the contentions regarding the
medical condition of the petitioner.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
2025:KER:55944
APPENDIX OF BAIL APPL. 8571/2025
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE F.I.R. IN CRIME NO. 460
OF 2024 OF TALIPARAMBA POLICE STATION.
Annexure B TRUE COPY OF THE CERTIFICATE DATED
23-06-2025 ISSUED BY DR. SR. LIZ MATHEW
SH OF ASSUMPTION HOSPITAL, SULTAN
BATHERY.
Annexure C TRUE COPY OF THE OUT PATIENT DATA SHEET
DATED 19-05-2025 ISSUED BY KMCT MEDICAL
COLLEGE HOSPITAL, KOZHIKODE.
Annexure D TRUE COPY OF THE EEG REPORT DATED
19-05-2025 ISSUED KMCT MEDICAL COLLEGE
HOSPITAL, KOZHIKODE.
Annexure E TRUE COPY OF THE OUT PATIENT TICKET DATED
03-06-2025 ISSUED BY KMCT MEDICAL COLLEGE
HOSPITAL, KOZHIKODE.
Annexure F CERTIFIED COPY OF THE ORDER DATED
18-06-2025 IN CRL. M. C. NO. 842 OF 2025
OF THE SESSIONS JUDGE, THALASSERY.
