IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 19^TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946 BAIL APPL. NO. 7709 OF 2024 CRIME NO.833/2024 OF TOWN EAST POLICE STATION, THRISSUR AGAINST THE ORDER/JUDGMENT DATED 02.09.2024 IN MC NO.1114 OF 2024 OF DISTRICT COURT & SESSIONS COURT, THRISSUR PETITIONER(S)/1ST ACCUSED:

ANTO, AGED 45 YEARS S/O ANTHONY,KOKKAT HOUSE, THOMMANA DESOM, MUKUNDAPURAM TALUK, THRISSUR, PIN - 680733 BY ADVS.

K.B.GANGESH HARISANKAR.K.V.

RESPONDENT(S)/STATE:

1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ,(STATION HOUSE OFFICER, THRISSUR TOWN EAST POLICE STATION), PIN - 682031

2 CHANDU DHARA, S/O RAMEN DHARA, RESIDING AT DHARA HOUSE, TINA COMPLEX, KUTTANELLUR, KUTTANELLUR P.O , OLLUR, THRISSUR - 680014 (IS IMPLEADED AS THE ADDITIONAL SECOND RESPONDENT AS PER ORDER DATED

20.01.2025 IN CRL MA 1/2024 IN BA 7709/2024).

BY ADVS.

C.JOSEPH ANTONY – DEFACTO COMPLAINANT JOBIN JOSE P.

SRI.NOUSHAD K.A., SENIOR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J --------------------------------

B.A.No.7709 of 2024 -------------------------------

Dated this the 19^th day of February, 2025

O R D E R

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

2. Petitioner is the 1^st accused in Crime No.833/2024 of Thrissur Town East Police Station. The above case is registered against the petitioner alleging offences punishable under Secs. 406, 420 & 201 r/w 34 of the Indian Penal Code.

3. The prosecution case is that, accused Nos.1 and 2 made the defacto complainant believe that they will hand over fine gold bars equivalent to the value of gold ornaments being manufactured by the defacto complainant within 10 days on receipt of such gold ornaments by the accused. Believing the same, the defacto complainant, on 28.02.2024 supplied gold ornaments weighing 424.750 grams to the 1^st accused at AG gold, and on 13.03.2024 supplied gold ornaments weighing 698.410 grams to the 2^nd accused, together having a total worth of Rs.64,02,012/-. However, contrary to the promise, gold bars or in lieu of gold ornaments or the value of gold ornaments supplied were not given to the defacto complainant by the accused. 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 Prosecutor submitted that accused Nos.2 and 4 were already arrested and thereafter released on bail. Petitioner is the 1^st accused. In such circumstances, the petitioner also has to surrender before the Investigating Officer.

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 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