Kerala High Court
S. Surendran vs State Of Kerala on 16 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
BAIL APPL. NO. 3035 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
BAIL APPL. NO. 3035 OF 2024
CRIME NO.183/2024 OF Thampanoor Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.710 OF 2024 OF
ADDITIONAL DISTRICT COURT (ADHOC)-II, THIRUVANANTHAPURAM
PETITIONER/S:
S. SURENDRAN
AGED 55 YEARS
S/O S.SUKUMARAN, T.C 55/126 BEENA BHAVAN KRA-53,
KUTTUKKADU LANE KAIMANAM, PAPPANAMCODE P.O,
THIRUVANANTHAPURAM, PIN - 695018
BY ADVS.
M.R.SARIN
PARVATHI KRISHNA
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SMT.C.SEENA, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3035 OF 2024 2
P.V.KUNHIKRISHNAN, J
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B.A. No. 3035 of 2024
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Dated this the 16th day of April, 2024
ORDER
This Bail application is filed under Section 438 of Criminal
Procedure Code.
2. Petitioner is an accused in Crime No. 183/2024 of
Thampanoor Police Station. The above case is registered
alleging offences punishable under Secs .406 and 420 IPC.
3. The prosecution case is that the accused is running a
travel agency by name 'Jaiyed Air Travels' at Thamapanoor.
The petitioner had not obtained necessary licence from the
Government of India for recruiting employees to foreign
countries. The petitioner fraudulently and dishonestly induced
the informant that he would secure an employment visa to him
at Poland and collected huge amount. Hence, it is alleged that
the accused committed the offences.
4. Heard the counsel for the petitioner 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.438 Cr.P.C 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 ten days 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.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
