2025:KER:30455 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. 4481 OF 2025 CRIME NO.388/2025 OF Attingal Police Station, Thiruvananthapuram PETITIONER/S: VISHNULAL AGED 22 YEARS S/O LAL, PUTHUVAL VILA VEED, PERUMKUZHI P.O, MUTTAPALAM, THIRUVANTHAPURAM, PIN - 695305 BY ADVS. MANSOOR ALI BIJITH S.KHAN 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:30455 BAIL APPL. NO.4481 OF 2025 2 P.V.KUNHIKRISHNAN, J --------------------------------------- B.A. No.4481 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. Petitioner is the accused in Crime No.388/2025 of Attingal Police Station. The above case is registered alleging offences punishable under Sections 40(3), 127(2), 115(2), 118(1), 296(b) & 351(3) r/w Section 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 3. The prosecution case is that, the first accused induced the defatcto complainant and took him from his residence in his scooter to another place and called accused Nos.2 and 3 and they abused and assualted the defacto complainant by using stick, iron pipe etc. The motive for the incident is that, the defacto complainant followed the lover of the first accused. The victim sustained serious injuries. 2025:KER:30455 BAIL APPL. NO.4481 OF 2025 3 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 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. 2025:KER:30455 BAIL APPL. NO.4481 OF 2025 4 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 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 SSG