IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 25^TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946 BAIL APPL. NO. 2182 OF 2025 CRIME NO.344/2024 OF PANANGAD POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.7013 OF 2024 OF HIGH COURT OF KERALA PETITIONER(S)/7TH ACCUSED:

HAROON NAZAR AGED 26 YEARS S/O. NAZAR, NIKARTHIL, THRICHATTUKULAM P.O, PANAVALLY, ALAPPUZHA DISTRICT, PIN - 688526 BY ADVS.

DEEPAK MOHAN ARUN ANTONY (K/1053/2011)

RESPONDENT(S)/COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

2 THE STATION HOUSE OFFICER, PANANGAD POLICE STATION PANANGAD POLICE STATION, PANANGAD, ERNAKULAM DISTRICT, PIN – 682506 BY ADV.

SRI.HRITHWIK C.S., SENIOR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

25.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

B.A.No.2182 of 2025 -------------------------------

Dated this the 25^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 an accused in Crime No.344/2024 of Panangad Police Station. The above case is registered against the petitioner and others alleging offences punishable under Secs. 22(b) & 20(b)(ii)A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

3. The prosecution case is that, on 10.03.2024, at8.20p.m, the 1^st accused was found in possession of 3.27 grams of MDMA and 1.76 grams of Ganja, near to Toll plaza, Kumbalam.

It is also alleged that the petitioner is also involved in this case.

4. Heard the learned counsel appearing for the petitioner and the learned 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 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 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 an application is filed, the jurisdictional court is free to pass appropriate orders in it also.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE DM