2025:KER:28494 BAIL APPL. NO. 3955 OF 2025 1 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. 3955 OF 2025 CRIME NO.255/2025 OF Aroor Police Station, Alappuzha PETITIONER/ACCUSED: CHITHANANDAN AGED 54 YEARS S/O PADMANABHAN, PUTHUVAL NIKARTH, VATTAKERI ROAD, AROOR P.O., ALAPPUZHA DISTRICT, PIN - 688534 BY ADV P.ABANI RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: PP-G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28494 BAIL APPL. NO. 3955 OF 2025 2 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A.No.3955 of 2025 ---------------------------------------------- Dated this the 03rd day of April, 2025 ORDER This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the accused in Crime No.255/2025 of Aroor Police Station. The above case is registered alleging offences punishable under Sections 324(4), 296(b), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita (for short, BNS). 3. The prosecution case is that, on 16.03.2025 at about 10.30 AM, while the petitioner’s autorickshaw was parked near the Vattakeri Temple, the autorickshaw driven defacto complainant along with his friends was in front of the petitioner’s autorickshaw without proper caution, negligently reversed the autorickshaw and caused damages to head light. It is alleged that the petitioner demanded the defacto complainant to compensate for the damages. It is alleged that the accused assaulted the defacto complainant and the defacto complainant 2025:KER:28494 BAIL APPL. NO. 3955 OF 2025 3 sustained grievous hurt. 4. 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 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. 5. 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. If arrest is recorded, the 2025:KER:28494 BAIL APPL. NO. 3955 OF 2025 4 petitioner shall be produced 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. 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. sd/- P.V.KUNHIKRISHNAN JUDGE JV