B.A.No.5095 of 2025 1 2025:KER:32147 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 BAIL APPL. NO. 5095 OF 2025 CRIME NO.268/2024 OF CHENGANNOOR POLICE STATION, ALAPPUZHA PETITIONER(S)/ACCUSED NO.4: LIBU RAJEDRAN AGED 38 YEARS S/O. RAJEDRAN MARAKALAYIL HOUSE, CHUMATHARA P.O., KUTTIPUZHA VILLAGE, THIRUVALLA TALUK ALAPPUZHA DISTRICT, PIN - 689103 BY ADVS. JAI GEORGE DARSHAN A.D. DAISY A.PHILIPOSE RESPONDENT(S)/STATE & COMPLAINANT: 1 STATION HOUSE OFFICER, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT, PIN - 689121 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV. SRI. G SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.5095 of 2025 2 2025:KER:32147 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.5095 of 2025 ------------------------------- Dated this the 11th 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 4th accused in Crime No.268/2024 of Chengannur Police Station, Alappuzha. The above case is registered against the petitioner and others alleging offences punishable under Sections 323, 324, 326, 307, 364, 506(ii) of the Indian Penal Code read with Section 34. 3. The prosecution case, in brief, is that, the 1st accused due to enmity towards the defacto complainant that the latter's father was telling to the locals that accused no.1's father sold his kidney and also that complainant's father caused accused 1 to be nabbed by the police to a ganja case, with the intention of killing the father of the defacto complainant, the accused nos.1 to 4 acted in concert on 04.03.2024 at 9.15 p.m. when the complainant's father stood outside the Chengannur Navaratna Bar, B.A.No.5095 of 2025 3 2025:KER:32147 accused No.1 gave a blew with his hand on the back of head of his father. When his father fell on to the ground, accused Nos.1 to 4 dragged him by his leg, kicked him on his chest and shoulder repeatedly. Accused no.4 using a stick repeatedly beaten on his body. Accused No.1 using a beer bottle hit him on his head causing pain. The accused then abducted the complainant's father in a car bearing Reg No KL-04-R903 travelled through Karivelippadi- Perissery road and brought him to Pulipurathu house belonging to one Vanaja at the sit out area of the house and beaten him, fisted him, again took him to a bridge side dragged him through the mud road along the side wall of the side wall. It is alleged that, accused No.1 hit him with the beer bottle on his face and body causing pain. Accused No.4 repeatedly beaten him with the stick causing pain. Accused No.3 kicked him on his chest and abdomen causing pain, brought him to the hall room of Kumbraman house belonging to one Samuel repeatedly beaten, assaulted the father of the complainant. Thus the accused acted in concert in their attempt to commit murder of the father of the defacto complainant. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. Learned Public B.A.No.5095 of 2025 4 2025:KER:32147 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. 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 B.A.No.5095 of 2025 5 2025:KER:32147 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 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