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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J.
Rabin B - Petitioner
Versus
State Of Kerala, Represented By Public Prosecutor
BAIL APPL. NO. 6330 OF 2024
Decided On : 22-08-2024
BAIL - PRE-ARREST BAIL - The court addressed an application for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court highlighted that there was no crime registered against the petitioner at the time of the hearing, leading to the closure of the bail application. The court emphasized the procedural requirement for police to issue a notice under Section 35(3) of the BNSS if the petitioner’s presence is needed regarding allegations of a non-bailable offence punishable for less than seven years.
Fact of the Case:
The petitioner filed an application for pre-arrest bail under the BNSS, fearing arrest by the Ambalapuzha Police for an unspecified non-bailable offence.
Finding of the Court:
The court found that there was no crime registered against the petitioner, as confirmed by the learned Public Prosecutor.
Issues: Whether the petitioner is entitled to pre-arrest bail in the absence of any registered crime against him.
Ratio Decidendi: The court concluded that in the absence of a registered crime, the application for pre-arrest bail could not be sustained, and the procedural safeguards under the BNSS were applicable.
Result: The bail application was closed, with a stipulation that the petitioner would be notified if his presence was required by the police regarding the allegations.
ORDER :
C.S. Dias, J.
The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS', for short), for an order of pre-arrest bail.
2. The petitioner apprehends arrest by the Ambalapuzha Police Station in an unknown crime, for allegedly committing a non-bailable offence.
3. Heard; Sri.Sojan Micheal, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor.
4. Learned Public Prosecutor, on instructions, submitted that as on today, there is no crime registered against the petitioner as alleged in the bail application. The said submission is recorded.
In the light of the above submission, the bail application is closed. It is made clear that, if the presence of the petitioner is required by the Ambalapuzha police with regard to the allegations made in the bail application, he shall be issued with a notice under Section 35(3) of the BNSS, if the offence alleged against him is punishable for less than seven years.
AI
The absence of a registered crime against a petitioner is a critical factor in determining the entitlement to pre-arrest bail under the BNSS.
No grounds exist for the arrest of the petitioner as no crime is registered currently.
No pre-arrest bail needed if applicant not yet arrayed as accused; notice under BNSS Section 35(3) suffices.
The court ruled on the application for pre-arrest bail under BNSS, noting the final report's submission led to the request's closure.
A bail application cannot bypass the Sessions Court without exceptional circumstances; the right to seek bail remains intact at the lower court.
Direct approach to High Court for pre-arrest bail without extraordinary circumstances warrants dismissal.
A petitioner can seek pre-arrest bail under Section 482 without exhausting all remedies at the Sessions Court but must seek it accordingly.
The High Court permits a pre-arrest bail application directly but emphasizes the need to first approach the Sessions Court.
A direct approach to the High Court for bail application without prior application to the Sessions Court is not permissible under prevailing laws.
The direct approach to the High Court for pre-arrest bail without resorting to the Sessions Court is inappropriate and requires dismissal but allows for subsequent application.
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