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C. S. DIAS
Rabin B. – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
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.
The absence of a registered crime against a petitioner is a critical factor in determining the entitlement to pre-arrest bail under the BNSS.
The court clarified that without formal accusation, pre-arrest bail is unwarranted under applicable law.
Court affirmed closure of bail application post-investigation referral.
No grounds exist for the arrest of the petitioner as no crime is registered currently.
The court ruled on the application for pre-arrest bail under BNSS, noting the final report's submission led to the request's closure.
The Court emphasized the necessity of approaching the Sessions Court for pre-arrest bail under BNSS, 2023.
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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