Paneer vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 28, 2025

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Citation: sooperkanoon.com/1279060
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Mar 28, 2025
Case Number: Bail Appl./3958/2025
Subject: MRTP

Case Summary

AI-generated summary - not the official court judgment text.

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Paneer

Respondent

State of Kerala

Excerpt

.....section 482 of bnss. that was dismissed aswithdrawn. without mentioning the same, a second bail application is filed by the petitioner, and this court, after considering all the contentions of the petitioner, dismissed that bail application as evident by annexure-a2. this is the third bail application.4. heard the learned counsel for the petitioner and the learned public prosecutor. i also heard sri.joel chelamana, the learned counsel for the defacto complainant.4. i am of the considered opinion that this bailapplication need not be entertained. at this stage the counsel for the petitioner submitted that the petitioner will surrender before the investigating officer.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. if arrest is recorded, the petitioner shall be produced before the jurisdictional court on the date of surrender itself. 3) the petitioner is free to file bail application before the jurisdictionalcourt at the time of producing him. 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 jv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 CRIME NO.1058/2023 OF Munnar Police Station, Idukki AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.3597 OF 2024 OF HIGH COURT OF KERALA PETITIONER/S: PANEER AGED 60 YEARS S/O PARAMASIVAN, LAKSHAM COLONY, MUNNAR.P.O., KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT., PIN - BY ADV A.X.VARGHESE RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, MUNNAR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- B.A.No.3958 of 2025 ---------------------------------------------- Dated this the 28th day of March, 2025

ORDER

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

2. Petitioner is the accused in Crime No.1058/2023 of

Munnar Police Station. The above case is registered alleging offences punishable under Sections 406, 420, 464, 465, 468, 471 and 473 read with Section 34 of the Indian Penal Code.

3. The petitioner earlier filed a bail application before this Court under Section 482 of BNSS. That was dismissed as

withdrawn. Without mentioning the same, a second bail application is filed by the petitioner, and this Court, after considering all the contentions of the petitioner, dismissed that bail application as evident by Annexure-A2. This is the third bail application.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I also heard Sri.Joel Chelamana, the learned counsel for the defacto complainant.

4. I am of the considered opinion that this bail

application need not be entertained. At this stage the counsel for the petitioner submitted that the petitioner will surrender before the Investigating Officer.

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. If arrest is recorded, the petitioner shall be produced 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. 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 JV

Same Court & Year Kerala · 2025 Same Parties Paneer vs State of Kerala Same Subject MRTP Same Judge Honourable Mr. Justice P.V.Kunhikrishnan