MUHAMMAD SAJIN v. STATE OF KERALA

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 BY SRI.M.P.PRASANTH, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.2658 of 2024 2 P.V.KUNHIKRISHNAN, J. ------------------------------------------- B.A.No.2658 of 2024 ------------------------------------------- Dated this the 19th day of of April, 2024

O R D E R Petitioner is one of the accused in Crime No.451/2024 of Karunagappalli Police Station. The above case is registered alleging offences punishable under Sections 341, 294(b), 323, 324, 326 and 307 read with Section 34 of the Indian Penal Code.

The prosecution case is that on 15.03.2024 at 11 p.m accused Nos.1 to 4 attacked the defacto complainant and his younger brother and manhandled them, thus committed the aforesaid offences.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned Public Prosecutor seriously opposed the bail application and submits that B.A.No.2658 of 2024 3 serious allegations are there against the petitioner and there are criminal antecedents reported against the petitioner. He was involved in three cases, of which two cases include Narcotic Drugs and Psychotropic Substances Act,

After hearing both sides, I think this is not a fit case, in which orders u/s.438 Cr.P.C 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. B.A.No.2658 of 2024 4

Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following directions. i) The petitioner will surrender before the Investigating Officer within ten days from today. ii) 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. iii) 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 B.A.No.2658 of 2024 5 it preferably on the date of filing of the same itself. iv) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN JUDGE sp/19/04/2024