BAIL APPL. NO. 3887 OF 2025 1 2025:KER:30507 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 BAIL APPL. NO. 3887 OF 2025 CRIME NO.392/2025 OF Irinjalakuda Police Station, Thrissur PETITIONER/S: SHANIL @ SHANU AGED 46 YEARS S/O MUHAMMED, 14/57 A, PANIKKASSERY, KODUNGALLOOR, THRISSUR DISTRICT, PIN - 680664 BY ADV B.SABITHA (DESOM) RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 3887 OF 2025 2 2025:KER:30507 P.V.KUNHIKRISHNAN, J –------------------------------------- B.A. No.3887 of 2025 -------------------------------------- Dated this the 8th day of April, 2025 O R D E R This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the accused in crime No. 392/2025 of Irinjalakuda Police Station. The above case is registered against the petitioner alleging offences punishable under Secs. 316(2), 318(4) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The prosecution case is that the defacto complainant borrowed some amounts from the accused and on payment of the amount, the cheque leaves and passport entrusted is not returned. The Public Prosecutor BAIL APPL. NO. 3887 OF 2025 3 2025:KER:30507 submitted that the petitioner is involved in 35 cases. 4. Heard the counsel for the petitioner and the public Prosecutor. Learned Public Prosecutor seriously opposed the bail application. 5. After hearing both sides, I think this is not a fit case, in which orders u/s. 482 BNSS can be passed. At this stage the counsel for the petitioner submitted that the petitioner will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to produce the petitioner after interrogation before the jurisdictional court and there may be a direction to the jurisdictional court to consider the bail application on the date of production of the petitioner. I think that prayer can be allowed. 6. Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following directions. BAIL APPL. NO. 3887 OF 2025 4 2025:KER:30507 1) The petitioner will surrender before the Investigating Officer within two weeks from today. 2) If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioner. If arrest is recorded, the petitioner shall be produced before the jurisdictional court on the date of surrender itself. 3) The petitioner is free to file bail application before the jurisdictional court at the time of producing him. If such a bail application is filed with advance copy to the prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law and pass appropriate orders in it preferably on the date of filing of the same itself. 4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the BAIL APPL. NO. 3887 OF 2025 5 2025:KER:30507 petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS