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2025:KER:28499 BAIL APPL. NO. 4319 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4319 OF 2025 CRIME NO.1237/2024 OF Kaduthuruthi Police Station, Kottayam PETITIONER/5TH ACCUSED:
MICHEAL RINTU AGED 39 YEARS S/O KOTHERITHARA, K.P. NAGAR, THRIKKAKARA, EDAPPALLY NORTH P.O., ERNAKULAM DISTRICT, PIN - 682024 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA ALWIN JOSEPH BENSON AMBROSE RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT, PIN - 686604
2025:KER:28499 BAIL APPL. NO. 4319 OF 2025 2 OTHER PRESENT:
SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:28499 BAIL APPL. NO. 4319 OF 2025 3 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A.No.4319 of 2025 ---------------------------------------------- Dated this the 03rd day of April, 2025 ORDER This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the 5th accused in Crime No.1237/2024 of Kaduthuruthi Police Station. The above case is registered against the petitioner alleging offence punishable under Section 420 read with Section 34 the Indian Penal Code. 3. The prosecution case is that, on 05.03.2024, accused Nos.1 and 2 dishonestly induced the son of the defacto complainant by promising to give a job visa in Australia and received an amount of Rs.12 lakhs from them and thereafter, cheated the defacto complainant without fulfilling the promise. 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
2025:KER:28499 BAIL APPL. NO. 4319 OF 2025 4 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. 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
2025:KER:28499 BAIL APPL. NO. 4319 OF 2025 5 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 petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also. sd/- P.V.KUNHIKRISHNAN JV JUDGE