2025:KER:29287 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 BAIL APPL. NO. 4362 OF 2025 CRIME NO.356/2025 OF PARAVOOR POLICE STATION, KOLLAM AGAINST THE ORDER DATED 19.03.2025 IN CRMC NO.629 OF 2025 OF DISTRICT COURT & SESSIONS COURT,KOLLAM PETITIONER/ACCUSED: KISHORE KUMAR AGED 24 YEARS S/O MAHALINGAM RESIDING AT NAVEEN HOSPITAL, SOUTH PARAVOOR, KOLLAM, PIN - 691301 BY ADVS. HARISH GOPINATH SURUMI NAZAR RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA THROUGH SI OF POLICE PARAVOOR POLICE STATION, PARVOOR KOLLAM, PIN - 682031 OTHER PRESENT: SR PP-HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 4362 OF 2025 2 2025:KER:29287 P.V.KUNHIKRISHNAN, J --------------------------------------- B.A. No. 4362 of 2025 -------------------------------------- Dated this the 4th 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. 356/2025 of Paravoor Police Station, Kollam. The above case is registered alleging offences punishable under Sections 74 & 75 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') 3. The prosecution case is that the defacto complainant is a trainee Nurse of Naveen Hospital, which was owned by the father of the petitioner. On 21.02.2025, at 2.00.p.m, the accused with intention to outrage the modesty of the defacto complainant took her in a car and went to see his father, who was admitted in NS Hospital. While returning from Hospital, the petitioner stopped the BAIL APPL. NO. 4362 OF 2025 3 2025:KER:29287 car near Pozhikkara Beach and sexually assaulted the victim by pressing her breast and private parts. Hence it is alleged that the petitioner outraged her modesty and committed the offence. 4. Heard the counsel for the petitioner and the 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 BAIL APPL. NO. 4362 OF 2025 4 2025:KER:29287 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 application before the jurisdictional court at the time of producing him before Magistrate. 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. BAIL APPL. NO. 4362 OF 2025 5 2025:KER:29287 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 MSA BAIL APPL. NO. 4362 OF 2025 6 2025:KER:29287 APPENDIX OF BAIL APPL. 4362/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 19/03/2025 IN CRL. MC NO. 629/2025 ON THE FILE OF PRINCIPAL SESSIONS COURT, KOLLAM