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Judgment
7 paragraphs · 257 wordsP. Krishna Kumar , J
This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Petitioner is the accused in Crime No.1294 of 2024 of Palarivattom Police Station, Ernakulam. The above case is registered against the petitioner alleging offence punishable under Sections 125, 125(b) and 3(5) of the Bharatiya Nyaya Sanhita r/w Section 118(e) of the Kerala Police Act.
When the matter is taken up for hearing on admission, the learned counsel for the petitioner submitted that though the case was initially registered with bailable offences, the police later incorporated Section 110 of Bharatiya Nyaya Sanhita, a non-bailable offence, and thus the petitioner may be released on interim bail, as he apprehends arrest. This request is opposed by the learned Public Prosecutor on submitting that the alleged criminal acts are very grave and the matter involves a larger public interest.
After perusing the records produced along with the petition, I am of the view that this is not a fit case in which interim direction of the above nature is to be issued.
At this juncture, the learned counsel appearing for the petitioner submitted that the petitioner may be permitted to surrender before the Investigating Officer on 02.01.2025. The learned Public Prosecutor did not oppose the said submission.
In the above circumstances, the bail application is disposed of by permitting the petitioner to surrender before the Investigating Officer at 2:00 PM on 02.01.2025, failing which the Investigating Officer is entitled to arrest the petitioner as per law.