2025:KER:30529 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. 4549 OF 2025 CRIME NO.171/2025 OF Manjeswar Police Station, Kasargod PETITIONER/S: KABEER. M AGED 35 YEARS S/O IBRAHIM, MADAKAM HOUSE, HIDAYATH NAGAR, UPPALA VILLAGE, KASARGOD DISTRICT, PIN - 671322 BY ADVS. DEEPAK RAJ GOUTHAMI RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30529 BAIL APPL. NO.4549 OF 2025 2 P.V.KUNHIKRISHNAN, J --------------------------------------- B.A. No.4549 of 2024 -------------------------------------- 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 (BNSS). 2. Petitioner is an accused in Crime No. 171/2025 of Manjeswaram Police Station. The above case is registered alleging offence punishable under Section 326(g) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The prosecution case is that; on 19.02.2025 at 03:30 a.m., in Uppala Village, Bappayothotty, the accused set ablaze the front door, sit-out, and kitchen side table of the complainant's house, which caused a loss of Rs 80,000/- and thereby the accused committed the above said offence. 4. Heard the counsel for the petitioner and the public Prosecutor. Learned Public Prosecutor seriously opposed the bail application. 2025:KER:30529 BAIL APPL. NO.4549 OF 2025 3 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. 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 2025:KER:30529 BAIL APPL. NO.4549 OF 2025 4 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 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, JUDGE SSG