Bail applications under Section 482 require careful consideration of circumstances; surrender and subsequent application to jurisdictional court permitted.

O R D E R

This Bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioners are accused Nos.10 and 11 in Crime No.22/2025 of Nilambur Police Station, Malappuram. The above case is registered against the petitioners and others alleging offences punishable under Sections 189(2), 329(3), 332(c), 132, 121, 190 and 191(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. The offence under Section 3 (1) of the Prevention of Damage to Public Property (PDPP) Act, 1984 is also alleged.

3. The prosecution case is that, following the death of an Adivasi youth by elephant attack in Mancheri Forest under Karulayi Forest Range on 04.01.2025, the accused persons 40 in number formed themselves into an unlawful assembly under the leadership of Nilambur M.L.A. P.V. Anwar, assembled infront of the Nilambur North DFO ofÏce and forcefully entered into the ofÏce, demanding action from DFO. During the protest, around 10 workers forcefully trespassed into the DFO ofÏce and when the Police attempted to intervene, the protesters resisted, leading to a scufÒe in which the Police ofÏcers sustained injuries and the public property is also damaged. Hence, it is alleged that the accused committed the offence.

4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.

The Public Prosecutor seriously opposed the bail application.

5. After hearing the counsel for the petitioners in detail, I am of the considered opinion that, it is not a fit case in which the bail can be granted under Section 482 of BNSS . At this stage the counsel for the petitioners submitted that, the petitioners are ready to surrender before the Investigating OfÏcer. 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.

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 OfÏcer within two weeks from today.

2) If the petitioners surrender before the Investigating OfÏcer as directed above, the Investigating OfÏcer 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 bail application before the jurisdictional court at the time of producing them before the Magistrate. 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 OfÏcer 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.