2025:KER:28780 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. 4180 OF 2025 CRIME NO.189/2025 OF PANUR POLICE STATION, KANNUR PETITIONER/ACCUSED NO.1: VINEESH V P AGED 39 YEARS S/O NANU, VELIYAPARAMBATH HOUSE, MULIYATHODE, CHERUPARAMBA P O, KANNUR, PIN - 670693 BY ADVS. AMEER SALIM AMIR SUHAIL P.B NESILI NAZEER RESPONDENTS/STATE/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER PANOOR POLICE STATION, THALASSERY, KANNUR DISTRICT, PIN - 670101 OTHER PRESENT: SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 4180 OF 2025 2 2025:KER:28780 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4180 of 2025 ------------------------------- Dated this the 3rd 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 an accused in Crime No.189 of 2025 of Panur Police Station, Kannur. The above case is registered against the petitioner alleging offences punishable under Sections 126(2), 115(2), 118(2), 110, 118, 127(2), 118(1) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that on 17.02.2025, at 12.30 a.m., the accused 1 to 4 wrongfully restrained the defacto complainant near Ambitat bridge at Puthoor. The 2nd accused hit on the defacto complainant with a ring. It is alleged that 3rd and 4th accused assaulted with hands and the 1st accused assaulted the defacto complainant using a steel rod. Hence, it is alleged that the accused committed the BAIL APPL. NO. 4180 OF 2025 3 2025:KER:28780 offence. Petitioner is the 1st accused. 4. Heard the learned counsel for the petitioner and the Public Prosecutor. 5. Public Prosecutor opposed the bail application. He submitted that, as per the report received by him, criminal antecedents is alleged against the petitioner. 6. 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. 7. Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following directions. BAIL APPL. NO. 4180 OF 2025 4 2025:KER:28780 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 before Magistrate. 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. BAIL APPL. NO. 4180 OF 2025 5 2025:KER:28780 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 MSA BAIL APPL. NO. 4180 OF 2025 6 2025:KER:28780 APPENDIX OF BAIL APPL. 4180/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR NO. 189 OF 2025 DATED 18.02.2025 IN CRIME NO. 189 OF 2025 OF PANOOR POLICE STATION Annexure A2 TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER ISSUED BY THE ASTER MIMS HOSPITAL DATED 27.04.2025 Annexure A3 TRUE COPY OF THE ORDER IN CRL.M.C NO.283/2025 DATED 13.03.2025 OF THE HON’BLE COURT OF SESSIONS, THALASSERY