IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 17^TH DAY OF FEBRUARY 2025 / 28TH MAGHA, 1946 BAIL APPL. NO. 1864 OF 2025 CRIME NO.44/2025 OF Vallikunnam Police Station, Alappuzha AGAINST THE ORDER/JUDGMENT DATED 31.01.2025 IN CRMC NO.68 OF

2025 OF SESSIONS COURT, ALAPPUZHA PETITIONER/ACCUSED:

JASEEL.J.

AGED 26 YEARS S/O ABDUL JALEEL, KOONANTA THARAYIL, KANNIMEL, VALLIKUNNAM.P.O., ALAPPUZHA, PIN - 690501 BY ADVS.

A.RAJASIMHAN VYKHARI.K.U EESA FARHAN P. SONU K. CHACKO RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SRI.G SUDHEER PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J ---------------------------------------

B.A. No.1864 of 2025 --------------------------------------

Dated this the 17^th day of February, 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.44/2025 of Vallikunnam Police Station. The above case is registered alleging offences punishable under Secs.329(3), 126(2), 115(2), 351(2) and

109(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case is that the petitioner, with an intention to cause grievous bodily hurt to the son of defacto complainant by name Vaisakh, the victim, on 14.01.2025 at 1.30 pm, criminally trespassed into the compound of Vaisakham House, wherein the defacto complainant and his family are residing, and criminally intimidated to kill the victim. When he came out of the house on hearing the noise, the petitioner punched him in his face. Thereafter when the victim, was returning home after visiting his friend Ashwanth's house, the petitioner threatened him at Badamuk by breaking a bottle and showing a piece of it. When the victim left the place, the petitioner followed him and in the courtyard of the house of one Shanu, situating south of Kaniyanmukku, beat him with an iron pipe on his left side 6th rib causing internal bleeding. On the basis of the FI statement given by the defacto complainant, the respondent registered above said crime against the petitioner, alleging the offences stated above. Apprehending arrest in connection with this crime, the petitioner approached this court with this present petition.

4. Heard the counsel for the petitioner and the public Prosecutor. Learned Public 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 OfÏcer. 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 OfÏcer within two weeks from today.

2) If the petitioner surrender before the Investigating OfÏcer as directed above, the Investigating OfÏcer 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 bail application before the jurisdictional court at the time of producing him 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 tim