2025:KER:30814 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 9TH DAY OF APRIL 2025 / 19TH CHAITHRA, 1947 BAIL APPL. NO. 4634 OF 2025 CRIME NO.75/2025 OF Ulikkal Police Station, Kannur PETITIONER/S: SIMON ALEXANDER MUTHALALEY AGED 40 YEARS S/O A.C.ALEXANDER MUTHALALEY, AMBANATTU, PUTHANVEEDU, PARAKKOOTTAM PO., PERINGANADU(PART), PATHANAMTHITTA DISTRICT, PIN - 691551 BY ADVS. M.A.AHAMMAD SAHEER E.A.HARIS MUHAMMED YASIL AAGI JOHNY MUHAMMED RIFA P.M. RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 G.SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30814 BAIL APPL. NO.4634 OF 2025 2 P.V.KUNHIKRISHNAN, J --------------------------------------- B.A. No.4634 of 2025 -------------------------------------------------- Dated this the 09th 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 the accused in Crime No.75/2025 of Ulikkal Police Station, Kannur. The above case is registered against the petitioner and others alleging offence punishable under Section 420 r/w Section 34 of the Indian Penal Code. 3. The prosecution case is that, the accused in furtherance of the common intention, cheated the defacto complainant by collecting huge amount by offering a job visa to Israel as Caretaker. The job visa is not provided and the amount collected is not returned. Petitioner is involved in seven other cases with similar set of allegations. 4. 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 2025:KER:30814 BAIL APPL. NO.4634 OF 2025 3 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. 5. 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 surrenders 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 2025:KER:30814 BAIL APPL. NO.4634 OF 2025 4 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