IMPORTANT POINT
The court established that accused persons must disclose their location in bail applications to ensure transparency and proper judicial consideration.

ORDER :

Anil K. Narendran, J.

This JPP is registered pursuant to the order dated 05.09.2024 of the learned Single Judge in B.A.No.5674 of 2024, which is one filed by respondents 3 and 4 herein, who are accused Nos.1 and 2 in Crime No.493 of 2024 of Kannur Town Police Station, invoking the provisions under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘BNSS’), for an order of pre-arrest bail. The said crime is registered against them and two others, alleging the commission of an offence under Section 420 of the Indian Penal Code, 1860.

2. In the order dated 05.09.2024, after referring to the decision of a Division Bench of this Court in Anu Mathew v. State of Kerala [2023 (3) KHC 151] and that of the Apex Court in Kusha Duruka v. State of Odisha [(2024) 4 SCC 432], the learned Single Judge directed the Registry to place B.A.No.5674 of 2024 before the Hon’ble the Acting Chief Justice to consider whether the matter is to be placed before the Division Bench dealing with the matters relating to Practice and Procedure in the Judicial and Administrative Sections of the High Court, to lay down the practice and procedure to be incorporated in the bail application module, since the Court is coming across numerous applications for pre-arrest bail, where the fact that the accused are abroad is deliberately suppressed. By the order dated 23.09.2024 of the Hon’ble Acting Chief Justice the Registry was directed to place the matter before the Division Bench dealing with the matters relating to Practice and Procedure in the Judicial and Administrative Sections of the High Court. The Division Bench, by the order dated 23.09.2024, directed the Registry to register a JPP and list it before the Bench.

3. Heard the learned Special Government Pleader and Additional Public Prosecutor for the 1st respondent State, the learned Deputy Solicitor General of India-in-charge for the 2nd respondent Union of India, the learned counsel for respondents 3 and 4 and the learned counsel for the additional 5th respondent.

4. In the order dated 05.09.2024 in B.A.No.5674 of 2024, the learned Single Judge noticed that accused Nos.3 and 4 in Crime No.493 of 2024 of Kannur Town Police Station, who are arrayed as the accused in Crime No.9/2024 of the CBCID, Kannur had moved this Court in B.A.No.4392 of 2024 for pre-arrest bail in Crime No.9/2024. In the said application, which was dismissed by the order dated 11.07.2024 [Annexure-R2(A) order produced in B.A.No.5674 of 2024], accused Nos.3 and 4 had suppressed the fact that they were abroad and are still at large. Accused Nos.3 and 4 had filed B.A.No.4392 of 2024 without adhering to the guidelines laid down by the Division Bench in Anu Mathew [2023 (3) KHC 151] for filing an application for pre-arrest bail by the accused who are abroad. In B.A.No.5674 of 2024, the 2nd applicant-accused No.2 is abroad. Although he has stated (in paragraph 4 of the statement of facts) that he will come down to India during the third week of July, 2024, he has not returned.

5. In the order dated 05.09.2024 in B.A.No.5674 of 2024, the learned Single Judge noticed the filing of numerous bail applications for pre-arrest bail, where the fact that the accused is abroad is deliberately suppressed. The Investigating Officers may also not be in a position to ascertain as to whether the accused is in India or abroad. If the application is dismissed, the accused refuses to come down to India. Many times, it is only when the second application is filed that it is revealed that the accused is abroad.

6. In Anu Mathew [2023 (3) KHC 151] a Division Bench of this Court held that an anticipatory bail court has jurisdiction to entertain and consider a pre-arrest bail plea filed under sub-section (1) of Section 438 of the Criminal Procedure Code, 1973 (for brevity, ‘Cr.P.C.’), even if the applicant accused is abroad at the time of filing of the application. Since the cardinal purpose of bail is the security for the appearance of the accused p