B.A.No.3962 OF 2025 1 2025:KER:26536 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 BAIL APPL. NO. 3962 OF 2025 CRIME NO.340/2025 OF KUNNICODE POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.2949 OF 2025 OF HIGH COURT OF KERALA PETITIONER(S)/ACCUSED: RAJEEV.K AGED 44 YEARS S/O KOCHUKUNJU, RAJAN BHAVAN, VADACODE, KURA, THALAVOOR, KOLLAM DISTRICT, PIN - 691557 BY ADV H.PRAVEEN (KOTTARAKARA) RESPONDENT(S)/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV. SR PP – SRI. HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3962 OF 2025 2 2025:KER:26536 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.3962 of 2025 ------------------------------- Dated this the 27th day of March, 2025 O R D E R This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is an accused in Crime No.340/2025 of Kunnikode Police Station, Kollam. The above case is registered against the petitioner alleging offences punishable under Sections 296(b), 126(2), 351(2), 115(2), 74 & 76 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that, on 05-02-2025 at 5 p.m., while the petitioner and his friends were sitting on the road, the defacto complainant, who is working as a non-teaching staff in D.V.H.S.S., Thalavoor came there. The accused wrongfully confined her and threatened her and also used abusive language. He also threatened that he would take the girl children of the defacto complainant. It is also alleged that the petitioner tried to B.A.No.3962 OF 2025 3 2025:KER:26536 outrage the modesty of the defacto complainant. Hence it is alleged that the accused committed the above said offences. 4. Heard the learned counsel appearing for the petitioner and the learned 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. 1) The petitioner will surrender before the Investigating Officer within two weeks from today. B.A.No.3962 OF 2025 4 2025:KER:26536 2) If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioner and shall produce the petitioner before the jurisdictional court on the date of surrender itself. 3) The petitioner is free to file a bail application before the jurisdictional court at the time of producing him before the jurisdictional court. 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 petitioner and if such an application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN, JUDGE DM