BA No.4395 of 2025 1 2025:KER:29986 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 BAIL APPL. NO. 4395 OF 2025 CRIME NO.193/2025 OF Kozhinjampara Police Station, Palakkad PETITIONER(S)/ACCUSED: PRASANTH P AGED 37 YEARS, S/O PRABHAKARAN,KIZHAKEMPARAMBU, NENMENI POST,KOLLENGODE, NENMENI, CHITTUR, PALAKKAD., PIN – 678 506 BY ADVS. T.R.KRISHNADAS RAHUL R.PAI RESPONDENT ( S )/STATE AND COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN – 682 031 2 STATION HOUSE OFFICER KOZHINJAMPARA POLICE STATION, PALAKKAD DISTRICT, PIN – 678 555 BY ADV. : PP - G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.4395 of 2025 2 2025:KER:29986 P.V.KUNHIKRISHNAN, J. ------------------------------------------- BA No.4395 of 2025 -------------------------------------------- Dated this the 07th day of April, 2025 O R D E R This Bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2. Petitioner is an accused in Crime No.193/2025 of Kozhinjampara Police Station, Palakkad. The above case is registered against the petitioner and others alleging offences punishable under Sections 126(2), 115(2), 351(2) and 310(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The prosecution case is that, on 12.03.2025 at about 11.15 AM, the defacto complainant who was a ‘poojari’, was invited by the accused for conducting a ‘pooja’. At that time, the BA No.4395 of 2025 3 2025:KER:29986 petitioner and the other accused locked him in a room and robbed the gold chain, mobile phone etc,. Hence, it is alleged that the accused committed the offence. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. The Public Prosecutor opposed the bail application. 5. After hearing the counsel for the petitioner in detail, I am of the considered opinion that, it is not a fit case in which the bail can be granted under Section 482 of BNSS. At this stage the counsel for the petitioner submitted that, the petitioner is ready to 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 BA No.4395 of 2025 4 2025:KER:29986 application on the date of production of the petitioner. I think, that prayer can be allowed. Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following conditions: 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 BA No.4395 of 2025 5 2025:KER:29986 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 nvj JUDGE