B.A.No.3635 of 2025 1 2025:KER:28698 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 3635 OF 2025 CRIME NO.68/2025 OF KOZHINJAMPARA POLICE STATION, PALAKKAD AGAINST THE ORDER/JUDGMENT DATED 11.02.2025 IN CRMC NO.704 OF 2025 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD PETITIONER(S)/ACCUSED: RAJEEV.C AGED 23 YEARS S/O.CHANDRAN, IHDP COLONY, KULUKKAPPARA, PZHANIYARPALAYAM, KOZHINJAMPARA, PALAKKAD, PIN - 678555 BY ADVS. T.K.SANDEEP SWETHA R. SREELAKSHMI SHIBU RESPONDENT(S)/COMPLAINANT & STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV. SRI.G SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3635 of 2025 2 2025:KER:28698 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.3635 of 2025 ------------------------------- Dated this the 03rd day of April, 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.68/2025 of Kozhinjampara Police Station, Palakkad. The above case is registered against the petitioner and others alleging offences punishable under Sections 189(2), 191(2), 126(2), 115(2), 130, 110 & 190 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that, accused 1 & 3 while coming in TVS Moped, tried to hit the defacto complainant. When the defacto complainant and his friend went to question this, on 21.01.2025 at 11.00 hours, on the side of the road, accused Nos. 1 to 6 with dangerous weapons assaulted the defacto complainant. The 2nd accused wrongfully restrained the B.A.No.3635 of 2025 3 2025:KER:28698 defacto complainant and his friend, 3rd accused hit the friend of the defacto complainant with an iron punch on the left side of his head, 1st accused hit the defacto complainant with an iron wire on the left side of his head and the 2nd accused beat the defacto complainant with an iron rod on the right side of his head. The accused Nos.1 to 6 pushed the defacto complainant down and kicked him. When the defacto complainant ran away, one identified accused beat him with an iron rod on the left of his shoulder and right side of his neck. The 1st accused kicked the defacto complainant on his hip and knocked him down. It is alleged that the defacto complainant was attacked by all the accused. Hence it is alleged that the accused committed the above said offences. 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 B.A.No.3635 of 2025 4 2025:KER:28698 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 a bail application before the jurisdictional court at the time of producing him before the jurisdictional court. 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 B.A.No.3635 of 2025 5 2025:KER:28698 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