2025:KER:28155 BAIL APPL. NO. 4131 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 BAIL APPL. NO. 4131 OF 2025 CRIME NO.271/2023 OF Kadinamkulam Police Station, Thiruvananthapuram PETITIONER/ACCUSED NO.2: SHAJI SEBASTIAN AGED 42 YEARS S/O. SEBASTIAN, RESIDING AT SS NIVAS, TC.45/975, CHERIYATHURA, VALLAKKADAVU P.O, THIRUVANANTHAPURAM-, PIN - 695008 BY ADVS. MAHESH V RAMAKRISHNAN PRAVEEN K.S. ALPHIN VARGHESE RESPONDENT/COMPLAINANT (STATE): STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SR PP-HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28155 BAIL APPL. NO. 4131 OF 2025 2 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A.No.4131 of 2025 ---------------------------------------------- Dated this the 02nd day of April, 2025 ORDER This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the accused in Crime No.271/2023 of Kadinamkulam Police Station. The above case is registered alleging offences punishable under Sections 420, 465 and 468 r/w Section 34 of the Indian Penal Code,1860. 3. The prosecution case is as follows: Accused Nos. 1 to 3, in furtherance of their common intention to obtain wrongful gain and to cause wrongful loss to the defacto complainant, made him believe that they will arrange a visa for him to go to Poland through France, and thereafter, during the period from 11.03.2022 to 11.07.2022, on several occasions, obtained a total sum of Rs.12 Lakhs, and the 1st accused transferred the amount to the account of the 2nd accused. Thereafter, the accused persons forged certain documents, including the ticket 2025:KER:28155 BAIL APPL. NO. 4131 OF 2025 3 to travel to France, residence card, etc. and gave the same as genuine to the defacto complainant. On 11.07.2022, as per the instruction of the accused persons, when the defacto complainant reached the Delhi Indira Gandhi International Airport with the forged documents, he was restrained by the Emigration and he was arrested by Delhi Airport Police and he was remanded to Tis Hazari Jail in Delhi and he underwent judicial custody till 25.07.2022. 4. 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. 5. Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following directions. 2025:KER:28155 BAIL APPL. NO. 4131 OF 2025 4 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 2025:KER:28155 BAIL APPL. NO. 4131 OF 2025 5 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 JV