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ADARSH MANOJ v. STATE OF KERALA

Court: High Court of Kerala

Bench: HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

Judgment date:

Case summary

High Court of Kerala judgment dated 2025-04-03. ADARSH MANOJ v. STATE OF KERALA. Read the judgment and case details on LawSphereX.

Judgment text

BA No. 4224 of 2025 2025:KER:29332 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. V. KUNHIKRISHNAN RD THURSDAY, THE 3 DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4224 OF 2025 CRIME NO. 405/2025 OF Gandhinagar Police Station, Kottayam PETITIONER(S): ADARSH MANOJ AGED 21 YEARS VADAKATHUPARAMBIL, NALPATHIMALA, ATHIRAMPUZHA P. O, KOTTAYAM, KERALA, PIN - 686562 BY ADVS. IRFAN ZIRAJ P. M. ZIRAJ RESPONDENT(S): 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE SUB INSPECTOR OF POLICE GANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT, PIN - 686008 BY ADV. : PP-G SUDHEER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03. 04. 2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No. 4224 of 2025 2025:KER:29332 P. V. KUNHIKRISHNAN, J. ------------------------------------------- BA No.

4224 of 2025 --------------------------------------------rd Dated this the 03 day of April, 2025 O R D E R This Bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2. Petitioner is an accused in Crime No. 405/2025 of Gandhinagar Police Station, Kottayam. The above case is registered against the petitioner alleging offences punishable under Sections 118(1), 126(2) and 115(2) r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The prosecution case is that, on 09. 03. 2025 at 05. 30 PM, since the complainant st falsely spread a news that the 1 accused involved in st Ganja business, 1 accused along with other accused BA No. 4224 of 2025 2025:KER:29332 assaulted the complainant. Hence, it is alleged that the accused committed the offence. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. The Public Prosecutor opposed the bail application.

The Public Prosecutor submitted that the petitioner has got criminal antecedents and a rowdy sheet is also opened against the petitioner. 5. After hearing the counsel for the petitioner 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 petitioner submitted that, the petitioner is ready to 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 BA No. 4224 of 2025 2025:KER:29332 to the jurisdictional court to consider the bail application on the date of production of the petitioner. I think, that prayer can be allowed.

Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following conditions: 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. If arrest is recorded, the petitioner shall be produced 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. If such a bail BA No. 4224 of 2025 2025:KER:29332 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 nvj JUDGE

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.