B.A.No.4296 of 2025 1 2025:KER:30061 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 BAIL APPL. NO. 4296 OF 2025 CRIME NO.686/2024 OF ELATHUR POLICE STATION, KOZHIKODE PETITIONER(S)/ACCUSED: MIDHUNDEV. K AGED 28 YEARS S/O. DEVADAS K, KAMMALUKANDY HOUSE, CHETTIKULAM, ELATHUR P.O., KOZHIKODE, PIN - 673303 BY ADV P.K.ANIL RESPONDENT(S)/COMPLAINANT AND STATE: 1 THE SUB INSPECTOR OF POLICE ELATHOOR POLICE STATION,. KOZHIKODE, PIN - 673303 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV. PP – SRI. G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4296 of 2025 2 2025:KER:30061 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4296 of 2025 ------------------------------- Dated this the 07th 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.686/2024 of Elathoor Police Station, Kozhikode. The above case is registered against the petitioner and others alleging offences punishable under Sections 351(2), 118(1) & 115(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that, on 10.10.2024 at 4 p.m., the accused persons intimidated the Defacto Complainant with dire consequences and the 1st and 2nd accused caused grievous hurt to the Defacto Complainant by beating him with a stick and the Defacto Complainant suffered injury due to the attack. It is alleged that the petitioner is the 2nd accused. The B.A.No.4296 of 2025 3 2025:KER:30061 specific overt act is attributed to the 1st and 2nd accused. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. Learned Public Prosecutor seriously opposed the bail application. 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 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. 6. 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 B.A.No.4296 of 2025 4 2025:KER:30061 Officer as directed above, the Investigating Officer is free to interrogate the petitioner and shall produce the petitioner before the jurisdictional court on the date of surrender itself. 3) The petitioner is free to file a bail application before the jurisdictional court at the time of producing him 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 application, if necessary, at the time of producing the petitioner 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