Salmanul Faris vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

The applicant is the sole accused in Crime No.871/2025 of Kuttippuram Police Station, Malappuram District. The offences alleged are punishable under Sections 78(1)(ii), 316(2), 351(2) and 303(2) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that the victim, residing at Pazhur, Kuttippuram, along with her family, fell in love with the applicant and from 24.02.2024 to 22.07.2025, the applicant disseminated photographs of the victim and her family through Instagram, and obtained her ATM card and SIM card promising to return the same and withdrew Rs.12,500/- without her knowledge from her bank account by utilizing the ATM card and the applicant failed to return both the amount and the cards. It is further alleged that when the victim demanded him to return her ATM card and SIM card, the applicant intimidated that the victim would be killed by him. Thus, the applicant is alleged to have committed the aforementioned offences.

I have heard Sri.J.R.Prem Navaz, the learned counsel for the applicant and Sri.G.Sudheer, the learned Public Prosecutor. Perused the case diary.

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. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

I went through the FIS. Admittedly, the applicant and the victim were in love. Annexure A3 would show that another crime was registered against the applicant on the complaint of the victim in the year 2023, and he was granted anticipatory bail. The allegation therein was that the applicant committed robbery of a mobile phone and gold chain from the victim. Admittedly, even thereafter, the victim was in love with the applicant. That apart, the allegations in the FIS are hardly sufficient to attract the ingredients of Sections 406 and 420 of the Indian Penal Code. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. 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 bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.