2025:KER:30383 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. 4561 OF 2025 CRIME NO.192/2025 OF VIDYA NAGAR POLICE STATION, Kasargod PETITIONER/S: UMMARUL FAROOQ AGED 23 YEARS S/O.MUHAMMED ALI, NOW R/AT N U HOUSE, IAS ROAD, NEAR BHAJANA MANDIRAM, K.K.PURAM, CHENGALA VILLAGE, KASARAGOD., PIN - 671541 BY ADVS. A.ARUNKUMAR S.SHYAM KUMAR SACHIN GEORGE ARAMBAN NESILI NAZEER 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:30383 BAIL APPL. NO.4561 OF 2025 2 P.V.KUNHIKRISHNAN, J --------------------------------------- B.A. No.4561 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.192/2025 of Vidhyanagar Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 126(2), 115(2), 118(1), 110, 333, 324(1), 296(b) and 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita (for short, BNS). 3. The prosecution case is that, on 09.03.2025 at 12.40 hours, the defacto complainant was moving out in his two wheeler, the accused wrongfully restrained him and attacked him with iron rod, stones and rod and if the blow towards his head was not evaded, his death might have been 2025:KER:30383 BAIL APPL. NO.4561 OF 2025 3 caused. Hence it is alleged that the accused committed the offence. It is also alleged that the accused caused a damage to the tune of Rs.10,000/-. The second accused is already released on bail under Section 483 BNSS. 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. 2025:KER:30383 BAIL APPL. NO.4561 OF 2025 4 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. 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. 2025:KER:30383 BAIL APPL. NO.4561 OF 2025 5 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