Kerala High Court
Salmanul Faris A P vs State Of Kerala on 12 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:60447
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
BAIL APPL. NO. 9402 OF 2025
CRIME NO.1101/2018 OF KANNUR TOWN POLICE STATION, KANNUR
PETITIONER/ACCUSED:
SALMANUL FARIS A P
AGED 29 YEARS
S/O. SIDDQUE,
RESIDING AT HOUSE NO.11/95,
ALUNGAL, ASWASI, KAVILUMPARA POST,
KOZHIKODE DISTRICT, PIN - 673513
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SHRI.RENJISH S. MENON
SMT.ALEENA JOSE
SMT.AVANTHIKA R.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADV. PRASANTH M.P.,
PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:60447
B.A. No.9402 of 2025
-:2:-
BECHU KURIAN THOMAS, J.
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B.A. No.9402 of 2025
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Dated this the 12th day of August, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.1101 of 2018 of Kannur Town Police Station, registered for the offence punishable under Section 420 of the Indian Penal Code, which is now pending as C.C. No.1286 of 2023 on the files of the Judicial First Class Magistrate Court-I, Kannur.
3. According to the prosecution, on 05.10.2018, at about 09.30 am, the accused, by promising to buy the Apple company's 7 Plus model mobile phone of the defacto complainant through OLX for a sum of Rs.42,000/- and to credit the amount in the bank account of the defacto complainant, obtained possession of the mobile phone. Thereupon the accused did not credit the amount in the account of the defacto complainant as promised and thereby committed the offences alleged.
4. Petitioner was initially granted bail. However, since he did 2025:KER:60447 B.A. No.9402 of 2025 -:3:- not appear before the court, his bail was cancelled on 21.05.2025, and thereafter a non-bailable warrant was issued. Pursuant to the warrant, petitioner's arrest was recorded on 01.08.2025.
5. Heard Sri. T. Madhu, the learned Counsel for the petitioner as well as Sri. Prasanth M. P., the learned Public Prosecutor.
6. The learned Counsel for the petitioner submitted that petitioner has been in custody from 04.02.2025 in connection with other cases and therefore, he could not appear before the court and hence, cancellation of his bail was unnecessary.
7. The learned Public Prosecutor opposed the bail application and submitted that petitioner is involved in two other crimes as well, and that each time when he is granted bail, he absconds, and with great difficulty, he is apprehended from various places outside the State. It was also submitted that petitioner is a habitual absconder, and, therefore, he ought not to be released on bail.
8. Considering the nature of allegations and also the fact that the petitioner was granted bail at the initial stage, I am of the view that continued custody of the petitioner is not necessary. However, since he has a history of absconding that too, after receiving summons, strict conditions must be imposed to ensure his presence in Court.
2025:KER:60447 B.A. No.9402 of 2025 -:4:-
9. Accordingly, this bail application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall report before the Investigating Officer once every two months between 10.00 a.m and 12.00 p.m., on the third Saturday of every subsequent month.
(c) Petitioner shall co-operated with the trial of the case.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is on bail.
(f) Petitioner shall not leave the State of Kerala without the permission from the trial court.
In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/12.08.25.
2025:KER:60447 B.A. No.9402 of 2025 -:5:- APPENDIX OF BAIL APPL. 9402/2025 PETITIONER'S ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR DATED 16/10/2018 IN CRIME NO. 1101/2018 OF KANNUR TOWN POLICE STATION KANNUR DISTRICT Annexure A2 THE TRUE COPY OF THE ORDER DATED 21/7/2025 IN BAIL APPLICATION NO.8639/2025 ON THE FILES OF THIS HONOURABLE COURT Annexure A3 THE TRUE COPY OF THE ORDER DATED 21/7/2025 IN BAIL APPLICATION NO.8640/2025 ON THE FILES OF THIS HONOURABLE COURT Annexure A4 THE TRUE COPY OF THE ORDER DATED 21/7/2025 IN BAIL APPLICATION NO.8641/2025 ON THE FILES OF THIS HONOURABLE COURT Annexure A5 THE TRUE COPY OF THE ORDER DATED 1/8/2025 IN CMP NO. 5751/2025 IN C.C NO. 1286/2023 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KANNUR