2025:KER:27902 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 BAIL APPL. NO. 4047 OF 2025 CRIME NO.177/2025 OF VENGARA POLICE STATION, MALAPPURAM PETITIONER/ACCUSED: SHIBU AGED 31 YEARS, S/O. GANESHAN, MALAYIL HOUSE, OORAKAM MELMURI POST, MALAPPURAM DISTRICT, PIN – 676 519. BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA ABDUSSAMAD K.K. RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. BY ADV NOUSHAD, SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27902 B.A No.4047 of 2025 2 P.V.KUNHIKRISHNAN, J --------------------------------------- B.A. No.4047 of 2025 -------------------------------------- Dated this the 1st 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.174/2024 of Vengara Police Station, Malappuram. The above case is registered against the petitioner alleging offences punishable under Section 288 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and also under Sections 4(b) and 5 of Explosive Substance Act, 1908. 3. Prosecution case is that on 14.03.2025 at 02:45 p.m., the accused was found operating quarry with explosives substance without license. Hence it is alleged that the accused committed the offence. 2025:KER:27902 B.A No.4047 of 2025 3 4. Heard the counsel for the petitioner and the public Prosecutor. 5. Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner was granted pre-arrest bail by this Court on 27.01.2025 in another crime, with a condition that he will not commit similar offence. Now the present case is registered with the same set of allegation. 6. 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. 2025:KER:27902 B.A No.4047 of 2025 4 5. 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 four 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 2025:KER:27902 B.A No.4047 of 2025 5 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 application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN JUDGE AMR 2025:KER:27902 B.A No.4047 of 2025 6 APPENDIX OF BAIL APPL. 4047/2025 PETITIONER’S ANNEXURE Annexure-I A TRUE COPY OF FIR IN CRIME NO. 177/2025 OF VENGARA POLICE STATION, MALAPPURAM DISTRICT