B.A.No.3914 OF 2025 1 2025:KER:26478 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 BAIL APPL. NO. 3914 OF 2025 CRIME NO.115/2025 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE AGAINST THE ORDER/JUDGMENT DATED 13.03.2025 IN CRMC NO.255 OF 2025 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, KOZHIKODE PETITIONER(S)/2ND, 3RD AND 5TH ACCUSED: 1 DILSHAD SHAMSUDHEEN AGED 21 YEARS S/O. SHAMSUDHEEN, MATHOLATH HOUSE, KARUVAMPOYIL, KODUVALLY, THAMARASSERY, KOZHIKODE,, PIN - 673573 2 NAZRUDHEEN AGED 21 YEARS S/O. SULAIMAN, MAYANGOTTU CHALIL HOUSE, PERUVAYAL P.O, THAMARASSERY, KOZHIKODE, PIN - 673573 3 MUHAMMED ARSHAD AGED 21 YEARS S/O. ABDUL ASEES, KAITHAKUNNUMMAL HOUSE, MANIPURAM, KOZHIKODE, PIN - -67358 BY ADVS. T.D.SUSMITH KUMAR K.P.MUHAMMAD ARIF B.A.No.3914 OF 2025 2 2025:KER:26478 JAYKAR.K.S. VANDANA A. ANJALI R. MENON ALMY ANIL C.SIVADAS RESPONDENT(S)/STATE/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM P.O, KOZHIKODE, PIN - 673571 3 MUHAMMED MINHAJ S/O ASHARAF M.P, MUKKOTTAPURAYIL, CHATHANKAVU MINI, KUNNAMANGALAM, KOZHIKODE – 673 571 (IS IMPLEADED ADDL.R3 AS PER ORDER DATED 27.03.2025 IN CRL.M.A. NO.1/2025 ) BY ADVS. P.JERIL BABU PRASUDHA.S SR PP – SRI. HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3914 OF 2025 3 2025:KER:26478 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.3914 of 2025 ------------------------------- Dated this the 27th day of March, 2025 O R D E R This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioners are accused Nos.2, 3 and 5 in Crime No.115/2025 of Kunnamangalam Police Station, Kozhikode. The above case is registered against the petitioners and others alleging offences punishable under Sections 126(2), 115(2) & 118(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 4 of the Kerala Prohibition of Ragging Act, 1998. 3. The prosecution case is that, on 07/02/2025, at 4:00p.m., in connection with the association day of MES College, Kalanthode, the 1st accused and others, in furtherance of their common intention to commit an offence, wrongfully B.A.No.3914 OF 2025 4 2025:KER:26478 restrained the victim, the second year degree student of the said college, voluntarily caused hurt by beating with bare hands. The 1st accused hit the de-facto complainant on his left eye with an iron ring in his hand, and thereby voluntarily caused a grievous hurt to him. It is alleged that the victim sustained a fracture on the left orbit. Hence it is alleged that 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. B.A.No.3914 OF 2025 5 2025:KER:26478 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 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 B.A.No.3914 OF 2025 6 2025:KER:26478 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