B.A.No.4453 of 2025 1 2025:KER:30060 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. 4453 OF 2025 CRIME NO.483/2024 OF MEPPAYUR POLICE STATION, KOZHIKODE PETITIONER(S)/ACCUSED 4 & 9: 1 RAHUL PUSHKARAN P.K AGED 31 YEARS S/O PUSHKARAN, PULIKOOL KUNIYIL VIYUR,KOZHIKODE DISTRICT, PIN - 673307 2 SAJITH K AGED 30 YEARS S/O DASAN , PALAKKIL, KOLLAM, VIYUR KOZHIKODE, PIN - 673307 BY ADV UNNI SEBASTIAN KAPPEN RESPONDENT(S)/COMPLAINANT & STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 BY ADV. SR PP – SRI. HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4453 of 2025 2 2025:KER:30060 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4453 of 2025 ------------------------------- Dated this the 07th 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.483/2024 of Meppayur Police Station, Kozhikode. The above case is registered against the petitioners alleging offences punishable under Sections 126(2), 118(1), 118(2), 109(1) & 324(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that, on 12.09.2024 at 07.00 pm, the accused persons, 4 in number, in furtherance of their common intention, hit the defacto- complainant, who is an auto-driver, with an iron road after pulling him out of the autorickshaw. It is further alleged that one among the accused struck the defacto-complainant on his head and neck, with a dangerous weapon and caused injuries to him. It is also alleged B.A.No.4453 of 2025 3 2025:KER:30060 that the accused persons broke the windshield of the autorickshaw causing losses to the defacto-complainant. It is alleged that the petitioners are also actively involved in this case. 4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. Learned Public Prosecutor seriously opposed the bail application and submitted that there are criminal antecedents to the petitioners. 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 petitioners submitted that the petitioners will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to produce the petitioners 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 petitioners. I think that prayer can be allowed. 6. Considering the submission of the counsel for the petitioners, this bail application is disposed of with the following directions. 1) The petitioners will surrender before the Investigating B.A.No.4453 of 2025 4 2025:KER:30060 Officer within two weeks from today. 2) If the petitioners surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioners and shall produce the petitioners before the jurisdictional court on the date of surrender itself. 3) The petitioners are free to file a bail application before the jurisdictional court at the time of producing them 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 application, if necessary, at the time of producing the petitioners 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