2025:KER:28152 BAIL APPL. NO. 4219 OF 2025 1 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. 4219 OF 2025 CRIME NO.288/2025 OF Kalady Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED 13.03.2025 IN CRMC NO.673 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONER/ACCUSED: SHINTO K.A AGED 38 YEARS S/O ANTONEY , KACHAPPILLIL HOUSE , VADAKKUMBHAGAM VILLAGE, ERNAKULAM DISTRICT, PIN - 683575 BY ADVS. P.P.BIJU E.JIJOBAL RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28152 BAIL APPL. NO. 4219 OF 2025 2 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A.No.4219 of 2025 ---------------------------------------------- Dated this the 02nd 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.288/2025 of Kalady Police Station. The above case is registered alleging offences punishable under Sections 115(2), 296(b), 351(3), 74 and 333 of the Bharatiya Nyaya Sanhita (for short, BNS). 3. The prosecution case is that, on 22.02.2025 at about 9 pm, the accused criminally trespassed in to the house of the defacto complainant with an intention to assault her due to the enmity that the accused demanded for company of the daughter-in-law of the defacto complainant and they resisted it and thereby the accused person manhandled the son of the defacto complainant and tore the nighty of the defacto 2025:KER:28152 BAIL APPL. NO. 4219 OF 2025 3 complainant. Thereby the accused has committed the above offences. The Public Prosecutor submitted that the petitioner is involved in three other cases in which two of them are under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 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. 2025:KER:28152 BAIL APPL. NO. 4219 OF 2025 4 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 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 2025:KER:28152 BAIL APPL. NO. 4219 OF 2025 5 such application is filed, the jurisdictional court is free to pass appropriate orders in it also. sd/- P.V.KUNHIKRISHNAN JUDGE JV