[Cites 9, Cited by 0]
Kerala High Court
Firos vs State Of Kerala on 6 April, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:30216
CRL.MC NO. 981 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 6TH DAY OF APRIL 2026 / 16TH CHAITHRA, 1948
CRL.MC NO. 981 OF 2026
CRIME NO.525/2019 OF Manjeri Police Station, Malappuram
AGAINST THE ORDER DATED 07.10.2025 IN CRMP NO.4060 OF
2025 OF CHIEF JUDICIAL MAGISTRATE ,MANJERI
PETITIONER/ACCUSED:
FIROS,
AGED 46 YEARS
S/O LATE MOHAMMED, POOZHIKUTH HOUSE, KARAT,
MELAKKAM, KARUVAMBRAM P.O. ERANADU TALUK, MALAPPURAM
DISTRICT,, PIN - 676123
BY ADVS.
SHRI.SUSANTH SHAJI
SHRI.SIDHARTH O.
SMT.NEKHA VARGHESE
RESPONDENTS/STATE & INVESTIGATING OFFICERS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM DISTRICT, PIN - 682031
2 THE DEPUTY SUPERINTENDENT OF POLICE
PERINTHALMANNA SUB DIVISION PERINTHALMANNA,
MALAPPURAM DISTRICT, PIN - 679322
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CRL.MC NO. 981 OF 2026
2
3 THE STATION HOUSE OFFICER,
MANJERI POLICE STATION, MANJERI P.O., MALAPPURAM
DISTRICT, PIN - 676121
4 CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS'
STANDING COUNSEL,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT ( IMPLEADED
AS ADDL. R4 AS PER ORDER DATED 19/2/2026 IN CRL.MA
1/26 IN CRL.MC 981/2026)
BY ADV
SMT.SEETHA S., SR.PP
SHRI.SREELAL N.WARRIER, SPL.PUBLIC PROSECUTOR,
CENTRAL BUREAU OF INVESTIGATION (CBI)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 981 OF 2026
3
C.S.DIAS, J.
---------------------------------------
Crl.M.C.No. 981 of 2026
-----------------------------------------
Dated this the 6th day of April, 2026
ORDER
The petitioner is the accused in Crime No.525 of 2019
registered by the Manjeri Police Station, Malappuram,
alleging the commission of the offences punishable under
Sections 124A and 420 of the Indian Penal Code, Sections 4
and 20 of the Indian Telegraph Act, 1885 and Sections 3
and 6 of the Wireless Telegraphy Act, 1933.
2. The petitioner has filed the Crl.M.C., to set aside
Annexure A11 order passed by the Court of the Chief
Judicial Magistrate, Manjeri ('Trial Court', in short),
rejecting the petitioner's application filed under Section
457 of the Code of Criminal Procedure, to lift the freezing
of his bank accounts and give him interim custody of the
money lying in deposit in the bank accounts.
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CRL.MC NO. 981 OF 2026
3. The petitioner has stated in the Crl.M.C. that the
crime was registered on 10.11.2019. By Annexure A5
order dated 13.12.2020, the petitioner was granted an
order of pre-arrest bail by this Court. Even after the lapse
of more than six years, the investigation in the case is not
complete and the final report has not been filed. The
petitioner is the holder of eight bank accounts, which are
specifically mentioned in Annexure A9 application.
Although, the petitioner filed Annexure A9 application to
lift the freezing of his bank accounts and release the
money in deposit in the bank accounts, the application
was dismissed by the Trial Court on the finding that the
investigation in the case has been handed over to the
Cyber Crime Police, Malappuram, and that the accused
has not co-operated with the investigation. Due to the
freezing of the above bank accounts and the inordinate
delay in completing the investigation, the petitioner is put
to severe prejudice and hardship. Annexure A11 order
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CRL.MC NO. 981 OF 2026
may be set aside and the freezing of the petitioner's bank
accounts may be lifted.
4. I have heard the learned counsel for the petitioner,
the learned Public Prosecutor and the learned Standing
Counsel for the additional 4th respondent.
5. The learned counsel for the petitioner reiterates
the contentions in the Crl.M.C.
6. The learned Public Prosecutor submits that the
investigation has been handed over to the additional 4 th
respondent (CBI).
7. The learned Standing Counsel for the CBI submits
that only an order under Section 6 of the Delhi Special
Police Establishment Act has been issued. Nonetheless, the
Central Government has not passed any orders authorising
the CBI to conduct the investigation.
8. On a consideration of the facts and the materials
on record, particularly that Annexure A1 FIR was
registered as early as on 10.11.2019, that the investigation
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CRL.MC NO. 981 OF 2026
in the crime is not complete and the law laid down by the
Hon'ble Supreme Court in Sunderbhai Ambalal Desai v.
State of Gujarat [(2002) 10 SCC 283], I am of the definite
view that the Trial Court is to be directed to reconsider the
petitioner's application to lift the freezing of the bank
accounts and for the interim custody of the money lying in
the petitioner's eight bank accounts. Hence, I am satisfied
that this is a fit case to exercise the inherent powers of this
Court under Section 528 of the BNSS.
In the aforesaid circumstances, I allow the Crl.M.C.,
by setting aside Annexure A11 order and directing the Trial
Court to reconsider Annexure A9 application, keeping in
mind that there are no rival claimants to the money lying in
the petitioner's bank accounts and that the investigation of
the crime is not complete despite the long delay of nearly
six years. The Trial Court shall consider the Annexure A9
application, in accordance with law and as expeditiously as
possible, at any rate, within one month from the date of
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CRL.MC NO. 981 OF 2026
production of a copy of this order.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 981 OF 2026
APPENDIX OF CRL.MC NO. 981 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR DATED 10.11.2019 IN
CRIME NO.525/2019 ON THE FILES OF MANJERI
POLICE STATION
Annexure A2 TRUE COPY OF THE SEIZURE MAHAZAR DATED
11.11.2019 SUBMITTED BY THE SUB-INSPECTOR
OF POLICE, MANJERI POLICE STATION,
Annexure A3 TRUE COPY OF THE GST REGISTRATION
CERTIFICATE DATED 18.04.2018 ISSUED TO THE
PETITIONER
Annexure A4 TRUE COPY OF THE CERTIFICATE OF IFTE & OS
LICENSE ISSUED TO THE PETITIONER
Annexure A5 TRUE COPY OF THE ORDER DATED 03.12.2020 IN
B.A. NO.6931/2020 ON THE FILES OF THIS
HON'BLE COURT
Annexure A6 TRUE COPY OF THE REPORT DATED 06.02.2023
SUBMITTED BY THE 2ND RESPONDENT BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
MANJERI
Annexure A7 TRUE COPY OF THE PETITION DATED 17.04.2023
IN CRL.M.P. NO.1329/2023 ON THE FILES OF
CHIEF JUDICIAL MAGISTRATE COURT, MANJERI
Annexure A8 TRUE COPY OF THE SAID REPORT DATED
27.03.2023 SUBMITTED BY THE 2ND RESPONDENT
Annexure A9 TRUE COPY OF THE PETITION DATED 28.07.2025
IN CRL.M.P. NO.4060/2025 ON THE FILES OF
CHIEF JUDICIAL MAGISTRATE COURT, MANJERI
Annexure A10 TRUE COPY OF THE REPORT DATED NIL FILED BY
THE 2ND RESPONDENT BEFORE THE LEARNED
CHIEF JUDICIAL MAGISTRATE COURT, MANJERI
Annexure A11 TRUE COPY OF THE ORDER DATED 07.10.2025 IN
CRL.M.P. NO.4060/2025 ON THE FILES OF
CHIEF JUDICIAL MAGISTRATE, MANJERI
