S. Surendran vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail application is filed under Section 438 of Criminal Procedure Code.

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.

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.

Heard the counsel for the petitioner and the public Prosecutor. Learned Public Prosecutor seriously opposed the bail application.

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.

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.