2025:KER:28298 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 2ND DAY OF APRIL 2025/12TH CHAITHRA, 1947 BAIL APPL. NO. 4172 OF 2025 CRIME NO.206/2025 OF VIYYUR POLICE STATION, THRISSUR AGAINST THE ORDER DATED 19.03.2025 IN CRMC NO.352 OF 2025 OF DISTRICT COURT & SESSIONS COURT,THRISSUR PETITIONER/ACCUSED NO.1: AVINASH K B AGED 19 YEARS, S/O BINEESH, KOCHUPARAMBIL HOUSE THANIKUDAM P.O, KURICHIKKARA MADAKKATHARA VILLAGE, THRISSUR DISTRICT, PIN – 680 028. BY ADVS. IEANS.C.CHAMAKKALA S.SYBA AADHAL THANKACHAN RESPONDENT/COMPLAINANT: STATE OF KERALA THE SHO,VIYYUR POLICE STATION,THRISSUR REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN – 682 031. BY ADV HRITHWIK C S, SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28298 B.A No.4172 of 2025 2 P.V.KUNHIKRISHNAN, J --------------------------------------- B.A. No.4172 of 2025 -------------------------------------- Dated this the 2nd 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 the 1st accused in Crime No.206/2024 of Viyyur Police Station, Thrissur. The above case is registered against the petitioner alleging offences punishable under Sections 110 and 118(1) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 3. Prosecution case is that, on 27.02.2025, the College Day celebrations were going on at Schoenstatt Academy, the petitioner attacked the injured with a knife at 9 p.m., whereby he sustained injury on his head. 2025:KER:28298 B.A No.4172 of 2025 3 4. Heard the counsel for the petitioner and the public Prosecutor. 5. Public Prosecutor seriously opposed the bail application. The Public Prosecution submitted that the injured sustained serious injury including fracture. 6. Counsel appearing for the petitioner submitted that the petitioner’s examination will start tomorrow and it will continue till 10.04.2025. 7. 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. 2025:KER:28298 B.A No.4172 of 2025 4 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 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 2025:KER:28298 B.A No.4172 of 2025 5 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 AMR 2025:KER:28298 B.A No.4172 of 2025 6 APPENDIX OF BAIL APPL. 4172/2025 PETITIONER’S ANNEXURES Annexure A1 THE COPY OF THE F.I.R IN CRIME NO. 206/2025 OF VIYYUR POLICE STATION Annexure A2 THE TIME TABLE FOR THE 2ND SEMESTER EXAMINATION FOR BCA PUBLISHED BY THE UNIVERSITY OF CALICUT Annexure A3 COPY OF THE ORDER IN CRL.MC. NO. 352/2025 DATED 19-03-2025 OF THE SESSIONS COURT, THRISSUR