B.A.No.4151 of 2025 1 2025:KER:27560 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 BAIL APPL. NO. 4151 OF 2025 CRIME NO.189/2025 OF ANTHIKAD POLICE STATION, THRISSUR PETITIONER(S)/ACCUSED 1 AND 2: 1 ARJUN V.U AGED 29 YEARS S/O UPENDRAN, VALLIPARAMBIL HOUSE, KANJANI P.O. ANTHIKKAD, THRISSUR TALUK & DISTRICT, PIN - 680641 2 VISHNU PAVITHRAN AGED 29 YEARS S/O PAVITHRAN, THATTIL HOUSE, P.O. ANTHIKKAD, THRISSUR TALUK & DISTRICT, PIN - 680649 BY ADV K.M.MUHAMMED HUSSAIN RESPONDENT(S)/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER ANTHIKKAD, POLICE STATION ANTHIKKAD, THRISSUR DISTRICT, PIN - 680641 BY ADV. SRI. C.S HRITHWICK, SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4151 of 2025 2 2025:KER:27560 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4151 of 2025 ------------------------------- Dated this the 01st 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 the accused in Crime No.189/2025 of Anthikkad Police Station, Thrissur. The above case is registered against the petitioners alleging offences punishable under Sections 329(4), 324(4), 126(2), 115(2), 118(1), 333, 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that due to previous animosity, accused Nos.1 and 2 along with an identifiable person criminally trespassed into the sit out of the de-facto complainant's house and when the de-facto complainant came out of the house hearing the calling bell, they forcefully dragged B.A.No.4151 of 2025 3 2025:KER:27560 the de-facto complainant on the road in front of the house. The 1st accused wrongfully restrained the de-facto complainant and struck on his face with a torch. When the de-facto complainant fell down, accused Nos.2 and 3 assaulted him and thereby he sustained injuries on his face, lips and left ear. 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. The Public Prosecutor submitted that the 1st petitioner is involved in five other cases. The alleged trespass and assault happened at about 4 a.m. 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 B.A.No.4151 of 2025 4 2025:KER:27560 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 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 B.A.No.4151 of 2025 5 2025:KER:27560 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