Kerala High Court
Baheej Moosa I P vs State Of Kerala on 24 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:45706
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
BAIL APPL. NO. 7580 OF 2025
CRIME NO.17/2024 OF CYBER CRIME POLICE STATION, IDUKKI,
IDUKKI
AGAINST THE ORDER DATED 29.05.2025 IN BAIL APPL.
NO.6675 OF 2025 OF HIGH COURT OF KERALA
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.SRIKANTH THAMBAN
SHRI.ALTHAF NABEEL
SHRI.ARUN B.
RESPONDENTS/COMPLAINANTS:
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
BY ADV.SREEJA V.,
PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 24.06.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:45706
B.A. No.7580 of 2025
-:2:-
BECHU KURIAN THOMAS, J.
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B.A. No.7580 of 2025
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Dated this the 24th day of June, 2025
ORDER
This is an application seeking pre-arrest bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Petitioner is now arrayed as the third accused in Crime No.17 of 2024 of Cyber Crime Police Station, Idukki. On an earlier occasion, he is alleged to have committed offence under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, apart from Section 66(D) of the Information Technology Act, 2000. He filed an earlier bail application as B.A. No.6675 of 2025, which was dismissed on 29.05.2025. Within 11 days thereafter, petitioner has preferred this bail application without specifically pointing out any change of circumstances.
3. Notwithstanding the above, the prosecution case is that, the 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 a 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 a total 2025:KER:45706 B.A. No.7580 of 2025 -:3:- amount of Rs.14,00,000/- to a specified account provided by one of the accused and later gave her Rs.37,334/- as remuneration for the works she had allegedly done. The accused is alleged to have cheated the defacto complainant of the balance amount of money and thereby committed the offences alleged.
4. I have heard Sri. Firdouse K. K., the learned counsel for the petitioner as well as Smt. Sreeja V., the learned Public Prosecutor.
5. Though the learned counsel for the petitioner submitted that petitioner is totally innocent, the learned Public Prosecutor pointed out that petitioner has been the main culprit behind the crime, and he has been providing commissions to other accused for the assistance rendered by them. It is also stated that the second and third accused had confessed that, at the instance of the petitioner, the third accused opened an account at Canara Bank and handed over his ATM card, and thereafter, petitioner withdrew an amount of Rs.3,00,000/- and gave the third accused a commission of Rs.4,000/-. It has also come out during investigation that the commission amounts were transferred by the petitioner to the accounts of the second and third accused, indicating the definite involvement of the petitioner.
6. Since the nature of allegations against the petitioner are serious and since no change of circumstances has been brought out after dismissal of the earlier application, I am of the view that the 2025:KER:45706 B.A. No.7580 of 2025 -:4:- custodial interrogation of the petitioner is necessary. Though petitioner is only 19 years of age, considering the nature of allegations, I am of the view that he is not entitled to be released on pre-arrest bail.
Accordingly, the bail application is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/24.06.25.
2025:KER:45706
B.A. No.7580 of 2025
-:5:-
APPENDIX OF BAIL APPL. 7580/2025
PETITIONER'S 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 .
Annexure 3 TRUE COPY OF THE PASSBOOK ENTRIES OF THE
PETITIONERS ACCOUNT FROM 01.09.2024 TO
31.09.2024.
Annexure 4 TRUE COPY OF THE HALL TICKET ISSUED BY
UNIVERSITY OF CALICUT DATED 04-06-2025.