2025:KER:29911 BAIL APPL. NO. 4421 OF 2025 1 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. 4421 OF 2025 CRIME NO.172/2025 OF Pandikad Police Station, Malappuram PETITIONER/ACCUSED NO.3: SHANAVAS AGED 33 YEARS S/O.ABDUL AZEEZ V.P, VALIYAPEEDIYAKKAL, THODIKAPPULAM, CHEMBRASSERI EAST, MALAPPURAM DISTRICT., PIN - 679327 BY ADV NIREESH MATHEW RESPONDENT/COMPLAINANT-STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI., PIN - 682031 OTHER PRESENT: SR PP-HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29911 BAIL APPL. NO. 4421 OF 2025 2 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A.No.4421 of 2025 ---------------------------------------------- Dated this the 07th 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.172/2025 of Pandikkad Police Station. The above case is registered alleging offences punishable under Sections 126(2), 118 and 109 read with Section 3(5) of the Bharatiya Nyaya Sanhita (for short, BNS) and Section 3, 25(1-B) and (a) of the Arms Act, 1959. 3. The prosecution case is that on 21.03.2025 at 10.30 AM, the accused persons wrongfully restrained the defacto complainant and his friends. It is alleged that accused Nos.1 and 2 assaulted the injured with an iron rod. It is also alleged that the petitioner who is 3rd accused also used an iron rod. 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 2025:KER:29911 BAIL APPL. NO. 4421 OF 2025 3 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. 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 2025:KER:29911 BAIL APPL. NO. 4421 OF 2025 4 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 such application is filed, the jurisdictional court is free to pass appropriate orders in it also. sd/- P.V.KUNHIKRISHNAN JUDGE JV