2025:KER:30469 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 BAIL APPL. NO. 4483 OF 2025 CRIME NO.360/2025 OF Hosdurg Police Station, Kasargod PETITIONER/S: 1 VIVEK.K AGED 30 YEARS S/O.VENUGOPALAN.P, KARTHIKA HOUSE, ARAYI , KANHANGAD SOUTH KASARAGOD DISTRICT., PIN - 671315 2 SATHEESH.P AGED 35 YEARS S/O.RAJAN.V, VAZHAKODAN HOUSE, MONACHA , UPPLIKKAI.P.O, KASARAGOD DISTRICT., PIN - 671314 3 SACHIN.K.P AGED 26 YEARS S/O. LATE SUNDARAN, KARTHIKA HOUSE, ARAYI, HOSDURG, UPPLIKKAI.P.O, KASARAGOD DISTRICT., PIN - 671314 4 SUKESH MOOLAK AGED 32 YEARS S/O. KUMARAN NAYICHERI, MOOLAK HOUSE, ARAYI, KANHANGAD SOUTH, HOSDURG, KASARAGOD DISTRICT., PIN - 671531 5 RATHEESH.P AGED 37 YEARS S/O.RAJAN.V, VAZHAKODAN HOUSE, MONACHA , UPPLIKKAI.P.O, KASARAGOD DISTRICT., PIN - 671314 BY ADVS. S.SAJU 2025:KER:30469 BAIL APPL. NO.4483 OF 2025 2 A.V.SAJAN SAHDHA K.U. RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SR PP-HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30469 BAIL APPL. NO.4483 OF 2025 3 P.V.KUNHIKRISHNAN, J --------------------------------------- B.A. No.4483 of 2025 -------------------------------------- Dated this the 08th day of April, 2025 O R D E R This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS). 2. Petitioners are accused in Crime No.360/2025 of Hosdurg Police Station. The above case is registered alleging offences punishable under Sections 189(2), 191(2), 126(2), 118(1) & 190 of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The prosecution case is that, on 09.03.2025, at 08:15pm., the accused formed themselves into an unlawful assembly and wrongfully restrained the defacto complainant, who was walking along the road. The first accused hit the defacto complainant on the head with a stick. It is alleged that the victim sustained a fracture. 4. Heard the counsel for the petitioners and the public Prosecutor. Learned Public Prosecutor seriously 2025:KER:30469 BAIL APPL. NO.4483 OF 2025 4 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 petitioners submitted that the petitioners will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to produce the petitioners 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 petitioners. I think that prayer can be allowed. 6. Considering the submission of the counsel for the petitioners, this bail application is disposed of with the following directions. 1) The petitioners will surrender before the Investigating Officer within two weeks from today. 2) If the petitioners surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioners. If arrest is 2025:KER:30469 BAIL APPL. NO.4483 OF 2025 5 recorded, the petitioners shall be produced before the jurisdictional court on the date of surrender itself. 3) The petitioners are free to file bail application before the jurisdictional court at the time of producing them. 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 petitioners and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN, JUDGE SSG