2025:KER:31663 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 10TH DAY OF APRIL 2025/20TH CHAITHRA, 1947 BAIL APPL. NO. 4645 OF 2025 CRIME NO.97/2025 OF ADOOR POLICE STATION, PATHANAMTHITTA AGAINST THE ORDER DATED 01.03.2025 IN CMP NO.1270 OF 2025 OF DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA PETITIONER/ACCUSED NO.1: NANDU AGED 25 YEARS, S/O BINU G, BINU BHAVANAM,MELOOD P.O., PALLICKAL, PATHANAMTHITTA, PIN – 690 561. BY ADV M.R.SASITH RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. BY ADV G SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31663 B.A No.4645 of 2025 2 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4645 of 2025 ------------------------------- Dated this the 10th 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 the accused in Crime No.97/2025 of Adoor Police Station, Pathanamthitta. The above case is registered against the petitioner and others alleging offences punishable under Sections 296(b), 115(2), 118(1), 351(2), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 3. Prosecution case is that on 14.01.2025 at about 4:30 p.m., at a place namely Pannivelikkal, the petitioner had beaten the defacto complainant on the left side of his head, while the 2nd accused in the crime had sprayed pepper powder on his face and the 3rd accused had beaten the defacto complainant on his left thigh, 2025:KER:31663 B.A No.4645 of 2025 3 using a stick. In the incident, the defacto complainant had lost his mobile phone worth Rs.20,000/-. Hence it is alleged that the accused committed the offence. 4. Heard the counsel for the petitioner and the public Prosecutor. 5. Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that there is criminal antecedent to the petitioner and he is involved in 5 other case. 6. 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 2025:KER:31663 B.A No.4645 of 2025 4 think that prayer can be allowed. 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 2025:KER:31663 B.A No.4645 of 2025 5 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 AMR 2025:KER:31663 B.A No.4645 of 2025 6 APPENDIX OF BAIL APPL. 4645/2025 PETITIONER’S ANNEXURES Annexure-A1 THE TRUE COPY OF THE FIR IN CRIME 97/2025 OF ADOOR POLICE STATION, PATHANAMTHITTA. Annexure-A2 THE TRUE COPY OF THE ORDER DATED 01.03.2025 IN CRL.M.C.NO.1270/2025 IN CRIME 97/2025 OF ADOOR POLICE STATION, PATHANAMTHITTA.