B.A.No.4106 of 2025 1 2025:KER:28294 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. 4106 OF 2025 CRIME NO.14/2024 OF KUNNAMKULAM POLICE STATION, THRISSUR AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.2887 OF 2024 OF HIGH COURT OF KERALA PETITIONER(S)/ACCUSED: ARIF.B.K AGED 34 YEARS C/O. ABDULLA, SHAKEENAMANZIL, ARAMANGANAM, KALANAD P.O., KALNAD, KASARAGOD, PIN - 671317 BY ADVS. C.K.SREEJITH RAJAN K. RESPONDENT(S)/COMPLAINANT, DEFACTO COMPLAINANT AND STATE: 1 STATION HOUSE OFFICER, KUNNAMKULAM POLICE STATION, THRISSUR, PIN - 680503 2 SUNITHA, AGED 43 YEARS W/O. SATHEESHAN, PANTHAYIL HOUSE, CHOWANNUR, THRISSUR CITY, KANNUR, PIN - 680517 3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV. PP – SRI. G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4106 of 2025 2 2025:KER:28294 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4106 of 2025 ------------------------------- Dated this the 02nd 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 an accused in Crime No.14/2024 of Kunnamkulam Police Station, Thrissur. The above case is registered against the petitioner alleging offences punishable under Sections 457 & 394 r/w 34 of the Indian Penal Code, 1860. 3. The prosecution case is that, on 03.01.2024 at about 3.45 a.m., the accused along with the other accused, criminally trespassed upon the house of the defacto complainant, with the intention to rob her and thereafter, closing her nose and mouth, caught hold of her neck and they attempted to steal away the gold chain worn by the defacto complainant. Hence it is alleged that the accused committed the B.A.No.4106 of 2025 3 2025:KER:28294 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. 2) If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to B.A.No.4106 of 2025 4 2025:KER:28294 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