Kerala High Court
Baheej Moosa I P vs State Of Kerala on 29 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.6675 of 2025 1
2025:KER:37720
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
BAIL APPL.NO.6675 OF 2025
CRIME NO.17/2024 OF CYBER CRIME POLICE STATION, IDUKKI
PETITIONER/ACCUSED:
BAHEEJ MOOSA I.P., AGED 19 YEARS
S/O MOOSAKUTTY, ITTINIYAM PARACKAL (H), OMASSERY,
PUTHUR P.O, PUTHUR, KOZHIKODE, PIN - 673572
BY ADVS.
SHRI.FIRDOUSE.K.K
SHRI.ALTHAF NABEEL
SHRI.ARUN B.
RESPONDENTS/STATE &COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
THE STATION HOUSE OFFICER, PWD BUILDING,
PAINAVU P O, PAINAVU PIN - 685603
SMT.MAYA M.N., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.6675 of 2025 2
2025:KER:37720
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.6675 of 2025
...................................................
Dated this the 29th day of May, 2025
ORDER
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the sole accused in Crime No.17 of 2024 of Cyber Crime Police Station, Idukki, registered for the offences punishable under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act.
3. According to the prosecution, petitioner had, along with other accused, with an intention to cheat the de facto complainant, impersonated themselves as authorities of a network assessment performer company named 'Airbnb' and promised the de facto complainant that she will be able to make profit by selling their products online and added her in a telegram group through a link provided in the Whatsapp and induced her to transfer an amount of Rs.1,08,000/- to the specified account provided by the B.A.No.6675 of 2025 3 2025:KER:37720 1st accused and repaid only Rs.37,334/- to her and thereby committed the offenced alleged.
4. Heard the learned Counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned Counsel for the petitioner submitted that the entire allegations are false and the petitioner is totally innocent and that he is only 19 years in age and has no connection with the case and has got any benefit out of the alleged transaction.
6. The learned Public Prosecutor, on the other hand, submitted that the petitioner is the main culprit in the crime and he had been providing commission to other accused. It is further submitted that custodial interrogation is necessary to identify various tentacles of the crime.
7. Having heard the learned Counsel on both sides as also noticing the nature of the alleged offence, I am of the view that the custodial interrogation of the petitioner is necessary. The manner in which the crime is committed, the mode of transfer of B.A.No.6675 of 2025 4 2025:KER:37720 amounts and the persons to whom the amounts are transferred are all matters, which will have to be identified during investigation. If the Investigating Officer is restricted, the investigation will be futile.
In the above circumstances, this is not a fit case to protect the petitioner with an order of anticipatory bail. Hence the bail application is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE sp/30/05/2025 B.A.No.6675 of 2025 5 2025:KER:37720 APPENDIX OF BAIL APPL. 6675/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FIR IN CRIME NO. 17/2024 OF CYBER CRIME POLICE STATION DATED 20.09.2024.
Annexure 2 TRUE COPY OF THE NOTICE OF APPEARANCE DATED 30-11-2024 .