IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 5TH DAY OF DECEMBER 2024 / 14TH AGRAHAYANA, 1946 BAIL APPL. NO.2609 OF 2024 CRIME NO.367/2024 OF VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM PETITIONERS:
1 KAMAL RAJ K, AGED 36 YEARS S/O KANAKA RAJAN, KAVITHA BHAVAN, PERUMKULAM P.O KEEZHATTINGAL(PART), PERUMKULAM, THIRUVANANTHAPURAM, PIN - 695102
2 BHAVYA BHASIM, AGED 30 YEARS W/O RAJESH KUMAR, VADATHAZHI, KADAKKAVOOR, THIRUVANANTHAPURAM-, PIN - 695306 BY ADV ASHIK TOM RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER, VENJARAMOODU POLICE STATION, VENJARAMOODU, TRIVANDRUM-, PIN - 695606
3 SURABI, MANU VILASAM, VAMANAPURAM POST,TRIVANDRUM DISTRICT, KERALA ( SOUGHT TO BE IMPLEADED )
BY NOUSHAD K.A (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.12.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J ---------------------------------------
B.A. No.2609 of 2024 -----------------------------------------------
Dated this the 5th day of December, 2024
O R D E R
This Bail application is filed under Section 438 of the Criminal Procedure Code, 1973.
2. Petitioners are the accused in Crime No.367/2024 of Venjaramoodu Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 354, 451, 394, 498(A), 323, 324, 294(b) read with Section 34 of the Indian Penal Code, 1860.
3. Heard the counsel for the petitioners and the public Prosecutor. Learned Public Prosecutor seriously opposed the bail application.
4. After hearing both sides, I think this is not a fit case, in which orders u/s 438 Cr.P.C can be passed. At this stage the counsel for the petitioners submitted that the petitioners will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to produce the petitioners 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 petitioners. I think that prayer can be allowed.
5. Considering the submission of the counsel for the petitioners, this bail application is disposed of with the following directions.
1) The petitioners will surrender before the Investigating Officer within two weeks from today.
2) If the petitioners surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioners and shall produce the petitioners before the Jurisdictional Court on the date of surrender itself.
3) The petitioners are free to file bail application before the Jurisdictional Court at the time of producing them before the Magistrate. 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 petitioners and if such application is filed, the Jurisdictional Court is free to pass appropriate orders in it also.
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