SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 54991

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
THAHIRALI @ THAHIR A.P – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14241 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.NAVANEETH.N.NATH, SMT.ABHIRAMI S., SHRI.ABDUL LATHEEF P.M.
For the Respondents: SMT. MAYA M.N.

Bail granted due to lack of evidence connecting the applicant to the alleged crime, with conditions imposed for release.

Headnote:This bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is accused No.2 in Wayanad Cyber Crime case involving fraudulently obtaining Rs.33 Lakhs by false promises. The court found no substantial evidence against the petitioner and granted bail, setting out specific conditions including cooperation with the investigation and restrictions on travel and witness contact.

Table of Content
1. allegations of fraud tied to job promises. (Para 2 , 3)
2. arguments presented for and against bail. (Para 4 , 5)

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking regular bail.

2. The applicant is the accused No.2 in Crime No.06 of

2024 of Wayanad Cyber Crime Police Station. The offences alleged are punishable under Section 420 r/w Section 34 of the IPC and Section 66D of the Information Technology Act , 2008.

3. The prosecution case, in short, is that during the period from 07.02.2024 to 01.03.2024, the applicant along with others, on several occasions fraudulently obtained a total sum of Rs.33,00,000/- (Rupees Thirty Three Lakhs only) from the defacto complainant by promising him a part time job through “Telegram” social media application, inducing him to register on the website www.yumdishes.stores and assuring him of a substantial commission for providing rating reviews on various food items purportedly for a company named YUM Brands Pvt. Ltd. and thereby committed the offence.

4. I have heard Sri.Navaneeth N. Nath, the learned counsel for the applicant and Smt.Maya M.N., the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

15.11.2025 and since then he is in judicial custody. I went through the FIS. There is absolutely no allegation against the applicant. However, the learned Public Prosecutor submitted that the applicant is the kingpin in the transaction, but no material has been produced to substantiate the same. The entire allegations in the FIS are against the accused No.1. The applicant has no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose.

Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top