Court emphasizes the need for petitioners to surrender to the Investigating Officer before applying for bail.

O R D E R

This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita .

2. Petitioners are accused Nos.3 and 4 in crime No.1675/2024 of Manjeri Police Station, Malappuram. The above case is registered against the petitioners and others alleging offences punishable under Sections 140(1), 127(3), 351(2), 115(2) read with Section

3(5) of Bharatiya Naya Sanhita , 2023 (for short 'BNS').

3. Prosecution case is that the accused No.1 and 2 kidnapped the defacto complainant on 15.12.2024 and wrongfully restrained in Vagamon and Vaikom. During those period the accused persons intimidated the defacto complainant and obtained his ATM card, and by using the ATM card and using net banking system the accused transferred Rs.5.5 lakhs. Hence it is alleged that the accused committed the offence.

4. Heard the counsel for the petitioners and the 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 stage the counsel for the petitioners submitted that the petitioners will surrender before the Investigating OfÏcer. 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.

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 OfÏcer within two weeks from today.

2) If the petitioners surrender before the Investigating OfÏcer as directed above, the Investigating OfÏcer 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 him 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 OfÏcer 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.