Asma M.S vs State Of Kerala
2025 Latest Caselaw 7038 Ker

Kerala High Court

Asma M.S vs State Of Kerala on 23 June, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2025:KER:44702

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

   MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947

                    WP(C) NO. 17351 OF 2025

PETITIONER:

         ASMA M.S.,
         AGED 28 YEARS,
         W/O HAMSATH, THARAYIL HOUSE,
         ANJOOR, NHAMANGHAT,
         VADAKKEKAD,
         THRISSUR,
         PIN - 679563

         BY ADVS.
         SRI.ALBIN A. JOSEPH
         SRI.SUSANTH SHAJI
         SRI.SIDHARTH O.
         SMT.LINTA ANN JOHN
         SMT.NEKHA VARGHESE


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY SECRETARY,
         DEPARTMENT OF HOME AFFAIRS,
         SECRETARIAT,
         THIRUVANANTHAPURAM DISTRICT,
         PIN - 695001

    2    THE DISTRICT POLICE CHIEF,
         ALAPPUZHA DISTRICT,
         DISTRICT POLICE OFFICE,
         ALAPPUZHA,
         MUKHAM PURAYIDOM, CIVIL STATION WARD,
         ALAPPUZHA, PIN - 688012
                                               2025:KER:44702
W.P.(C) No.17351/2025
                             :2:
     3     STATION HOUSE OFFICER,
           CYBER CRIME POLICE STATION,
           ALAPPUZHA, CIVIL STATION WARD,
           ALAPPUZHA DISTRICT,
           KERALA, PIN - 688012

           BY SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.05.2025, THE COURT ON 23.06.2025 DELIVERED
THE FOLLOWING:
                                                                      2025:KER:44702
W.P.(C) No.17351/2025
                                          :3:



                               N. NAGARESH, J.

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                          W.P.(C) No.17351 of 2025

              `````````````````````````````````````````````````````````````
                    Dated this the 23rd day of June, 2025


                                JUDGMENT

~~~~~~~~~

The petitioner is before this Court aggrieved by

the unnecessary harassment made by respondents 2 and 3.

The petitioner seeks to direct the 3rd respondent-Station House

Officer to ensure that any investigation involving the petitioner in

connection with Crime No.24/2024 of the Cyber Crime Police

Station, Alappuzha is conducted strictly in accordance with law

without infringing her fundamental rights.

2. The petitioner states that she is a 28 year old

homemaker and a law abiding citizen. The petitioner is residing

with her husband and her two year old child. She has no

criminal antecedents. She is living a dignified life. The 2025:KER:44702

petitioner was served with a notice under Section 35(3) of the

BNSS, 2023 directing her to appear before the 3rd respondent in

connection with Crime No.24/2024 of the Cyber Crime Police

Station, Alappuzha.

3. In Ext.P2 FIR, the prosecution alleged that the

accused persons using the Telegram id @SWAPNAS74 under

the alias Secret Escapes, contacted the complainant Anto T.

Meppuram and lured him with the promise of earning money

through an online review job. The complainant transferred

₹13,67,534/- in multiple transaction to various Bank accounts

provided by the accused.

4. The petitioner states that the sole allegation

against the petitioner is that one of the Bank accounts to which

the de facto complainant transferred money is linked to a mobile

number associated with the petitioner and which has been

continuously used by the brother since the year 2012. The

petitioner states that she has no connection or knowledge

regarding the alleged offence.

2025:KER:44702

5. The petitioner preferred BA No.10116/2024

apprehending arrest. This Court, as per Ext.P4 order, gave

directions safeguarding the interests of the petitioner. Pursuant

to Ext.P4 order, the petitioner surrendered before the 3rd

respondent on 07.02.2024, for interrogation. The interrogation

was intended to pressurise the petitioner to compel her brother

presently residing abroad on employment, to return to India.

6. The petitioner states that since then, the

petitioner has been subjected to continued harassment. She

was repeatedly summoned by the 3rd respondent. She was

made to wait entire day without any meaningful purpose. The

intention of the 3rd respondent is not to conduct fair investigation

but to coerce the petitioner to compel her brother to return to

India. The petitioner is hence before this Court seeking to direct

the 3rd respondent not to harass the petitioner.

7. The 3rd respondent resisted the writ petition.

The Crime involved is under Sections 319(2), 314 and 318(4) of

the BNS, 2023 and Section 66D of the Information Technology 2025:KER:44702

Act, 2000. One Sri. Anto T. Meppuram complained that the

accused, in order to deceive him, contacted him via Telegram

and lured him with the promise of earning money through an

online review job. He was made to transfer ₹13,67,534/- in

multiple transactions. The investigation revealed that the

beneficiary of the Bank account was Muhammed Saleem. The

mobile number linked to the Bank account was of the petitioner.

8. During the interrogation, the petitioner has not

been co-operating with the investigation process. Additional

data needs to be collected from the petitioner. The 3rd

respondent has not compelled the petitioner to ensure the

appearance of her brother. The basic fundamental rights of the

petitioner were protected during summoning.

9. I have heard the learned counsel for the

petitioner and the learned Government Pleader representing the

respondents.

10. The FIR registered in the Cyber Crime Police

Station, Alappuzha with number 24/2024 is for offences 2025:KER:44702

punishable under Section 319(2), 314 and 318(4) BNS and

Section 66D of the Information Technology Act, 2000. The

allegation is that the accused, making false promises, induced

the de facto complainant to transfer ₹13,67,534/- in multiple

transactions to various Bank accounts.

11. One of the transactions involving ₹3,20,785/-

was made to an account bearing No.1149072187 of the Kotak

Mahindra Bank, Thrissur Branch. The subscriber details record

of mobile No.9744410786 linked to the beneficiary's account, is

in the name of the petitioner. In the circumstances,

investigation has to be conducted in respect of the conduct of

the petitioner also.

12. In such circumstances, summoning the

petitioner as part of interrogation process cannot be termed as

harassment of the petitioner. The police has to make proper

investigation in order to make it sure that the real culprits behind

the offence are brought to justice.

2025:KER:44702

13. The pleadings would indicate that the petitioner

was subjected to interrogation on 07.02.2024, 10.03.2025 and

10.04.2025. The petitioner was again required to appear before

the Investigating Officer on 02.06.2025. Considering the afore

facts, as the petitioner has been subjected to interrogation

multiple times, the respondents shall not frequently call the

petitioner for interrogation unless it is extremely necessary.

Whenever the petitioner is called for investigation/interrogation,

notice should be issued to the petitioner under Section 35(3)

BNSS.

The writ petition is therefore disposed of

directing the 3rd respondent to issue notice under Section 35(3)

BNSS to the petitioner if the petitioner's presence is required for

investigation/interrogation.

Sd/-

N. NAGARESH, JUDGE aks/19.06.2025 2025:KER:44702

APPENDIX OF WP(C) 17351/2025

PETITIONER'S EXHIBITS:

Exhibit-P1 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. Exhibit-P2 TRUE COPY OF THE FIR IN CRIME NO.

24/2024 DATED 29.11.2024 ON THE FILES OF CYBER POLICE STATION, ALAPPUZHA. Exhibit-P3 . TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER'S BROTHER MUHAMMED SALEEM. Exhibit-P4 TRUE COPY OF THE ORDER DATED 21.01.2025 IN BAIL APPLICATION NO. 10116/2024 ON THE FILES OF THIS HON'BLE COURT . Exhibit-P5 TRUE COPY OF THE NOTICE DATED 07.02.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit-P6 TRUE COPY OF THE NOTICE DATED 10.03.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit-P7 TRUE COPY OF THE NOTICE DATED 21.04.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit-P8 TRUE COPY OF THE BIRTH CERTIFICATE OF THE MINOR CHILD ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KUNNAMKULAM MUNICIPALITY DATED 27.04.2023. Exhibit-P9 TRUE COPY OF THE REPRESENTATION DATED 28.04.2025 SENT TO THE 2ND RESPONDENT BY THE PETITIONER.

Exhibit -P10 TRUE COPY OF THE RECEIPT ISSUED BY THE INDIA POST DATED 29.04.2025.