B.A.No.4330 of 2025 1 2025:KER:29347 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 BAIL APPL. NO. 4330 OF 2025 CRIME NO.800/2025 OF KOTTARAKKARA POLICE STATION, KOLLAM PETITIONER(S)/ACCUSED: BIJU AGED 52 YEARS S/OYOHANNAN, CHARUVILA PUTHEN VEEDU, VETTIKAVALA P.O, KOTTARAKARA,KOLLAM DISTRICT, PIN - 691538 BY ADVS. ALEXANDER GEORGE ATHIRA RAMESH RESPONDENT(S)/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031 2 THE SUB INSPECTOR OF POLICE KOTTARAKARA POLICE STATION, KOLLAM DISTRICT, PIN - 691501 BY ADV. SR PP – SRI. NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4330 of 2025 2 2025:KER:29347 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4330 of 2025 ------------------------------- Dated this the 04th 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.800/2025 of Kottarakkara Police Station, Kollam. The above case is registered against the petitioner alleging offences punishable under Sections 296(b), 132 and 121(1) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that, on 19.03.2025, when the defacto complainant along with his senior officers in patrol duty, the Sub Inspector of Police questioned the petitioner and tested with ‘Breath Analyzer' and found that the petitioner consumed alcohol. Immediately the police officer tried to take the petitioner to the police station, then the petitioner assaulted the police officer and bite the right hand thump of the defacto B.A.No.4330 of 2025 3 2025:KER:29347 complainant. Hence it is alleged that the accused committed the above said offences. 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. B.A.No.4330 of 2025 4 2025:KER:29347 2) If the petitioner surrender before the Investigating 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