The court directed the petitioner to surrender to the Investigating Officer and allowed him to file a bail application before the jurisdictional court, emphasizing adherence to legal procedures.

ORDER

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

2. Petitioner is the accused in Crime No.1154/2024 of Venjaramoodu Police Station. The above case is registered against the petitioner alleging offence punishable under Section 8 read with Section 7 , Section 10 read with Section 9 (l), (n) and (t) of the Protection of Children from Sexual Offences Act, 2012 and Section 74 of the Bharatiya Nyaya Sanhita .

3. The victim in this case is the daughter of the petitioner. It is alleged that on 14.09.2024 at about 7.30 pm, while she was sleeping in the bedroom, the petitioner with sexual intent came to the room and lie along with her and he with sexual intent embraced her and attempted to remover her T-shirt and inappropriately touched her. It is also alleged that the petitioner is involved in yet another case in which he committed rape on her step-daughter. He is convicted in that case and the appeal is pending before this Court.

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 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 surrender before the Investigating Officer as directed above, the Investigating Officer is free to 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 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 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.