B.A.No.4578 of 2025 1 2025:KER:30537 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. 4578 OF 2025 CRIME NO.220/2025 OF MELPARAMBA POLICE STATION, KASARGOD AGAINST THE ORDER/JUDGMENT DATED 22.03.2025 IN CRMC NO.462 OF 2025 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD PETITIONER(S)/ACCUSED: SHRIKANTHA. K AGED 43 YEARS S/O KRISHNAPPA,R/AT KUYAMKOTTCHAL, MYLATTY,MYLATTY POST, THEKKIL VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671319 BY ADVS. RESHMA E. ATHEENA ANTONY ANJITHA SANTHOSH RESPONDENT(S)/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 B.A.No.4578 of 2025 2 2025:KER:30537 2 THE STATION HOUSE OFFICER CRIME NO. 220 OF 2025 OF MELPARAMBA POLICE STATION, KASARGOD DISTRICT, PIN - 671541 BY ADV. SR PP – SRI. NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4578 of 2025 3 2025:KER:30537 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4578 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.220/2025 of Melparamba Police Station, Kasargode. The above case is registered against the petitioner alleging offences punishable under Section 55(a) of the Kerala Abkari Act. 3. The prosecution case is that, on 07.3.2025 at about 9 pm, the accused was found in possession and transportation of 23 packets of IMFL, which is exclusively meant for sale in the State of Karnataka. 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. The Public B.A.No.4578 of 2025 4 2025:KER:30537 Prosecutor submitted that the petitioner is involved in yet another case with same set of allegations. 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 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 B.A.No.4578 of 2025 5 2025:KER:30537 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 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