Extracted from the PDF above. The PDF is authoritative.
B.A.No.4537 of 2025 1 2025:KER:30519 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. 4537 OF 2025 CRIME NO.692/2025 OF KARUNAGAPALLY POLICE STATION, KOLLAM PETITIONER(S)/ACCUSED NO.1:
ANANDHU P.S AGED 24 YEARS S/O PRASAD , MAMOOTIL PADEETTATHIL, PADA, NORTH, KARUNAGAPPALLY, KOLLAM, PIN - 690518 BY ADVS. M.R.SASITH R.K.CHIRUTHA ANJANA SURESH.E REETHU JACOB LIDHIYA GEORGE HASNA JABIL FARSANA NOUSHAD RESPONDENT(S)/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV. SR PP – SRI. NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.4537 of 2025 2 2025:KER:30519 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4537 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. 2. Petitioner is an accused in Crime No.692/2025 of Karunagapally Police Station, Kollam. The above case is registered against the petitioner alleging offences punishable under Sections 296(b), 118(1), 115(2), 126(2), 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). The Public Prosecutor submitted that, now Section 118(2) of the BNS is also added. 3. The prosecution case is that, on 17.03.2025 While the defacto complainant and his friends were watching the festival at mararithotam temple the accused person outbreak a fight with someone, the accused person pushed the
B.A.No.4537 of 2025 3 2025:KER:30519 defacto complainant and his friends. It is alleged that, subsequently, the defacto complainant along with his friends and mother came to take the scooter, the accused came to the spot and accused No.1 hit the defacto complainant head with a rock. It is alleged that the defacto complainant sustained grievous hurt. 4. Heard the learned counsel appearing for the petitioner and the learned 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. B.A.No.4537 of 2025 4 2025:KER:30519
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 and shall produce the petitioner before the jurisdictional court on the date of surrender itself. 3) The petitioner is free to file a bail application before the jurisdictional court at the time of producing him before the jurisdictional court. 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
B.A.No.4537 of 2025 5 2025:KER:30519 application, if necessary, at the time of producing the petitioner and if such an application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN, JUDGE DM