B.A.No.4534 of 2025 1 2025:KER:30546 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 BAIL APPL. NO. 4534 OF 2025 CRIME NO.100/2025 OF AMBALAVAYAL POLICE STATION, WAYANAD PETITIONER(S)/ACCUSED: ANILKUMAR R AGED 35 YEARS S/O RAMAKRISHNAN, EDACHERIVEEDU, PARIYARAM, MATTANNUR, KERALA, PIN - 670702 BY ADVS. SHREEHARI K.K. K.RAJESH KHANNA SHYAM MOHAN A.K. RESPONDENT(S)/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER AMBALAVAYAL POLICE STATION AMBALAVAYAL P.O, WAYANAD DISTRICT, KERALA, PIN - 673593 BY ADV. P.P – SMT. SEENA C THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4534 of 2025 2 2025:KER:30546 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4534 of 2025 ------------------------------- Dated this the 08th 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.100/2025 of Ambalavayal Police Station, Wayanad. The above case is registered against the petitioner alleging offences punishable under Sections 137(2), 310(2), 126(2), 118(1), 351(2), 254(iii) (1), iii(2) (b), iii(3), iii(4), iii(5), iii(6), 61 (2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that the defacto complainant Saneesh who was settled at Bangalore on 04.02.2025 along with his relative Rahul started journey to Malankara Workshop at Ammayipalam in a car bearing Registration No. KA 05 MN 4367 possessing cash to the tune of B.A.No.4534 of 2025 3 2025:KER:30546 Rs.1,05,00,000/- for repairing his another car which was in the said workshop. Accused Nos.17 and 18 chased them on the motorcycle bearing Registration No. KL 58 AB 9631 from Mysore to Gundalpet owned by 17th accused and provided information about their route to other accused persons. While so, when the car bearing Registration No. ΚΑ 05 ΜΝ 4367 reached at a place known as Chembakachode bus stop, near the house of one Shaji, two Innova cars, one bearing registration No. KL 44 C 5281 with five accused and the other Innova car bearing registration No. KL 78 D 3169 under the leadership of the accused having name Akshay with eight accused obstructed their journey by placing their vehicles across the road preventing the car driven by the defacto complainant from proceeding forward and by destroying the wind glass of said car, sprayed pepper powder on the faces of the defacto complainant and his relative Rahul. Thereafter, the defacto complainant was forcibly taken into one of the vehicles in which the accused party reached at the scene of occurrence. B.A.No.4534 of 2025 4 2025:KER:30546 Thereafter they started to drive the car bearing Registration No. KΑ 05 MN 4367 along with Rahul through some unknown route. Around 10:30 PM the defacto complainant was left at the place known as Variyad near Toyota Showroom. Rahul was abandoned by the accused along with car bearing No. KA 05 MN 4367 after extorting the cash at a place Kolagappara. From there he reached at the house of one Jaffar. Quite some time later, Saneesh also taken by said Jaffar to his house. Thereafter based on the First Information Statement this crime is registered. It has to be noted that apart from these culprits, around eight persons were engaged in passing information about the route of the vehicle to the culprits. Hence it is alleged that the accused committed the 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 B.A.No.4534 of 2025 5 2025:KER:30546 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 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 B.A.No.4534 of 2025 6 2025:KER:30546 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