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2025:KER:29890 Bail Appl. Nos.4469 & 4474 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. 4469 OF 2025 *(CRIME NO.17/2025)* OF Kollam E.E, Kollam *CRIME NO.17/2025 IS CORRECTED AS CRIME NO.18/2025 AS PER
ORDER DATED 07.04.2025 IN CRL.M.A.1/2025 PETITIONER/ACCUSED: ADWAITH AGED 26 YEARS S/O ARCHANA , LAVANYA, KOTTAMKARA ALLUMMOOD (PO), KOLLAM DISTRICT,, PIN - 691577 BY ADV N.SUNIL JOSEPH RESPONDENT/STATE & COMPLAINAN: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031 2 EXCISE INSPECTOR EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM,, PIN - 691001 SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2025, ALONG WITH Bail Appl..4474/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:29890 Bail Appl. Nos.4469 & 4474 of 2025 2 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. 4474 OF 2025 CRIME NO.608/2025 OF Kilikolloor Police Station, Kollam PETITIONER/ACCUSED: ADWAITH AGED 26 YEARS S/O ARCHANA LAVANYA, KOTTAMKARA ALLUMMOOD (PO), KOLLAM DISTRICT,, PIN - 691577 BY ADV N.SUNIL JOSEPH RESPONDENT/STATE AND COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031 2 THE STATION HOUSE OFFICER KILIKOLLOOR POLICE STATION, KILIKOLLOOR PO, KOLLAM DISTRICT,, PIN - 691004 OTHER PRESENT:
PP-G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2025, ALONG WITH Bail Appl..4469/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:29890 Bail Appl. Nos.4469 & 4474 of 2025 3 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A.Nos.4469 & 4474 of 2025 ---------------------------------------------- Dated this the 07th day of April, 2025
ORDER These Bail applications filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita are connected and therefore, I am disposing these bail applications by a common
order. 2. Petitioner is an accused in Crime No.608/2025 of Kilikolloor Police Station, registered for offences punishable under sections 121(1), 132 and 109 of the of the Bharatiya Nyaya Sanhita, and Crime No.18/2025 of Excise Enforcement and Anti Narcotic Special Squad, Kollam, registered for offences punishable under Sections 8 and 22(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985. 3. The prosecution case in Crime No.608/2025 of Kilikolloor Police Station is that, on 24.03.2025 at 2.15 pm, the
2025:KER:29890 Bail Appl. Nos.4469 & 4474 of 2025 4 Excise party stopped a car. It is alleged that when the defacto complainant walked in front of the said car, the accused driven the car towards the defacto complainant and attempted to murder him. The allegation in Crime No.18/2025 of Excise Enforcement and Anti Narcotic Special Squad, Kollam is that, 4 grams of MDMA was seized from the above car. 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 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, these bail applications are disposed of with the following directions. 1) The petitioner will surrender before the Investigating Officer within two weeks
2025:KER:29890 Bail Appl. Nos.4469 & 4474 of 2025 5 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.
4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if
2025:KER:29890 Bail Appl. Nos.4469 & 4474 of 2025 6 such application is filed, the jurisdictional court is free to pass appropriate orders in it also. sd/- P.V.KUNHIKRISHNAN
JUDGE JV