B.A.No.3746 of 2025 1 2025:KER:29361 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 BAIL APPL. NO. 3746 OF 2025 CRIME NO.619/2025 OF KAYAMKULAM POLICE STATION, ALAPPUZHA PETITIONER(S)/THIRD ACCUSED: 1 MANEESH T., AGED 34 YEARS MANIKKATHU HOUSE, GOVINDAMUTTOM P.O., KAYAMKULAM, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN - 690527 2 SANTHOSH T., AGED 37 YEARS MANIKKATHU HOUSE, GOVINDAMUTTOM P.O., KAYAMKULAM, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN - 690527 BY ADVS. BASIL CHANDY VAVACHAN CHARUTHA BHAIJU CHANDHANA BHAIJU GEORGIE SIMON BASIL SAJAN FATHIM NAVAS KAVYA RANI JAYAPRAKASH LEKSHMI PRIYA V. ANJANA V. BASIL SCARIA MUHAMMED SHUHAIB A.S. RESPONDENT(S)/PETITIONER: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV. PP – SRI.G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3746 of 2025 2 2025:KER:29361 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.3746 of 2025 ------------------------------- Dated this the 04th day of April, 2025 O R D E R This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioners are accused Nos.3 & 4 in Crime No.619/2025 of Kayamkulam Police Station, Alappuzha. The above case is registered against the petitioners alleging offences punishable under Sections 115(2), 118(1), 296(b), 324(4) & 110 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that, on 10/03/2025 at 06:45 pm, the Defacto complainant along with his friends went to Muttelkochupalam for watching the Kettukazhcha forms came from the Pathishery Temple. At that time, accused Nos. 1 to 5 were dancing with the Tambolam Team. It is alleged that the accused assaulted the victim and the victim sustained serious injuries including traumatic brain injury. Hence it is alleged that B.A.No.3746 of 2025 3 2025:KER:29361 the accused committed the above said offences. 4. Heard the learned counsel appearing for the petitioners 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 petitioners submitted that the petitioners will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to produce the petitioners 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 petitioners. I think that prayer can be allowed. 6. Considering the submission of the counsel for the petitioners, this bail application is disposed of with the following directions. 1) The petitioners will surrender before the Investigating Officer within two weeks from today. 2) If the petitioners surrender before the Investigating Officer as directed above, the Investigating Officer is free to B.A.No.3746 of 2025 4 2025:KER:29361 interrogate the petitioners and shall produce the petitioners before the jurisdictional court on the date of surrender itself. 3) The petitioners are free to file a bail application before the jurisdictional court at the time of producing them 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 of filing of the same itself. 4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioners 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