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2025 Supreme(Online)(Ker) 53510

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SURESH M P – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13446 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.SREEJITH S. NAIR, SHRI.SASTHAMANGALAM S. AJITHKUMAR (SR.)
For the Respondents: SMT.M.K.PUSHPALATHA-SR.PP

The court grants pre-arrest bail under Section 482, allowing the applicant to seek bail before the Magistrate.

Headnote:This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. The prosecution alleges that the applicant, on 17.07.2025, assaulted the complainant using an iron rod. The court grants liberty to the applicant to appear before the Additional Chief Judicial Magistrate Court. The bail application shall be disposed of in accordance with law on the same day.

Table of Content
1. allegations of assault made against the applicant. (Para 2)
2. counsel arguments presented before the court. (Para 4)
3. court's decision granting liberty to seek bail. (Para 5)

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

2. The applicant is the accused No.2 in Crime No.798 of 2025 of Mannanthala Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 296(b), 351(3), 126(2), 118(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on

17.07.2025 at about 02.15 p.m., the applicant called the complainant to come to Happy Store near Vayalikunnu, abused him with bad words, assaulted him by using iron rod, the complainant sustained injuries and thereby committed the offences.

4. I have heard Sri.Sasthamangalam Ajithkumar, the learned Senior Counsel as instructed by Sri.Sreejith S.Nair, the learned counsel for the applicant and Smt.M.K.Pushpalatha, the learned Senior Public Prosecutor.

5. The applicant has approached the Sessions Court with an application seeking pre-arrest bail, which was dismissed as per Annexure A4. In Annexure A4, it is stated that the investigation is over and the final report has been filed before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram and the case was taken on file as C.C.No.716/2025.

The learned Senior Counsel submits that the applicant is prepared to surrender before the learned Magistrate and seek regular bail. Hence, this bail application is disposed of granting liberty to the applicant to appear before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram within a week from today. The bail application, if any, filed by the applicant shall be disposed of in accordance with law by the learned Magistrate on the same day itself. The applicant shall give a copy of the bail application in advance to the Public Prosecutor.

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