2025:KER:29373 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. 4363 OF 2025 CRIME NO.321/2025 OF KALPETTA POLICE STATION, WAYANAD PETITIONER/ACCUSED: ASHRAF POOLAKKAL AGED 48 YEARS, S/O.HAMSA, POOLAKKAL HOUSE, GRAMATHUVAYAL, KALPETTA P.0, VYTHIRI TALUK, WAYANAD DISTRICT, PIN – 673 121. BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL M.MAHIN HAMZA RAYEES P. R.GAYATHRI ALWIN JOSEPH BENSON AMBROSE RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031. 2 THE STATION HOUSE OFFICER KALPETTA POLICE STATION, KALPETTA P.O, WAYANAD DISTRICT, PIN – 673 121. 2025:KER:29373 B.A No.4363 of 2025 2 BY ADV HRITHWIK C S, SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29373 B.A No.4363 of 2025 3 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4363 of 2025 ------------------------------- Dated this the 4th 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 accused in Crime No 321 of 2024 of Kalpetta Police Station, Wayanad. The above case is registered against the petitioner alleging offences punishable under Section 118(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that on 03.03.2025 at 07.30 p.m., while the defacto complainant, along with his wife, were on the way from Kambalakkad to Kalpetta, travelling on his scooter, they reached near Minha Tourist Home, Kalpetta. While, the wife of the defacto complainant was talking with her friend; the 2025:KER:29373 B.A No.4363 of 2025 4 petitioner came there, and an altercation occurred between the petitioner and the defacto complainant. It is submitted that the petitioner assaulted the defacto complainant using a sharp object, such as a ring. The defacto complainant sustained fracture and a crack of tooth. 4. Heard the counsel for the petitioner and the 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 2025:KER:29373 B.A No.4363 of 2025 5 think that prayer can be allowed. 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 jurisdictional court 2025:KER:29373 B.A No.4363 of 2025 6 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:29373 B.A No.4363 of 2025 7 APPENDIX OF BAIL APPL. 4363/2025 PETITIONER’S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 321 OF 2025 OF KALPETTA POLICE STATION, WAYANAD DISTRICT. Annexure 2 TRUE COPY OF THE ORDER DATED 22.03.2025 IN CRL.MC. NO.218/2025 PASSED BY THE HONOURABLE COURT OF SESSIONS JUDGE, KALPETTA, WAYANAD.