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2025 DAILYLAW 6262 (KER)

SANU SIVAN v. STATE OF KERALA

Bail Appl./4602/2025 · 2025-04-08

P V Kunhikrishnan

body2025

Judgment text

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BAIL APPL. NO. 4602 OF 2025 1 2025:KER:30336 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. 4602 OF 2025 CRIME NO.531/2025 OF Kilikolloor Police Station, Kollam PETITIONER/S: 1 SANU SIVAN AGED 30 YEARS S/O SIVAN, VAYALIL PUTHAN VEEDU, MANGAD P.O., MANGAD S.O.,MANGAD, KOLLAM, PIN - 691015 2 VISHNU SANTHOSH AGED 32 YEARS S/O SANTHOSH KUMAR K, ROHINI BHAVAN, MANGAD P.O., MANGAD S.O., KOLLAM, PIN - 691015 BY ADVS. M.JAYAKRISHNAN SHAJI MATHEW N.M. SOUMYA FRANCIS K.KRISHNA PRASAD RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KILIKOLLOOR POLICE STATION, MANGADU P.O., KOLLAM, BAIL APPL. NO. 4602 OF 2025 2 2025:KER:30336 PIN - 691015 OTHER PRESENT: 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: BAIL APPL. NO. 4602 OF 2025 3 2025:KER:30336 P.V.KUNHIKRISHNAN, J –------------------------------------- B.A. No.4602 of 2025 -------------------------------------- Dated this the 8th day of April, 2025 O R D E R This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioners are the accused in Crime No. 531/2025 of Kilikolloor Police Station. The above case is registered against the petitioners and others alleging offences punishable under Secs. 189(2), 191(2), 191(3), 194(2), 132, 121(2), 109, 190 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The prosecution case is that on 10.03.2025, the defacto complainant, who is a police official along with other police were on official duty. It is alleged that the accused Nos. 1 to 8 along with 22 other persons, formed BAIL APPL. NO. 4602 OF 2025 4 2025:KER:30336 themselves into an unlawful assembly and attacked the police officials and one of the police officials sustained serious injuries. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. It is submitted that the 2nd petitioner is already arrested. If that is the case, the 1st petitioner can also can surrender before the investigating officer. Therefore, this bail application is disposed of with the following directions : 1) The 1st petitioner will surrender before the Investigating Officer within two weeks from today. 2) If the 1st petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the 1st petitioner. If arrest is recorded, the 1st petitioner shall be produced before the jurisdictional court on the date of surrender itself. 3) The 1st petitioner is free to file bail application BAIL APPL. NO. 4602 OF 2025 5 2025:KER:30336 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 1st petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also. sd/- P.V.KUNHIKRISHNAN JUDGE SKS