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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Suo Motu Proceedings Initiated By The High Court – Appellant
Versus
State of Kerala, Represented by Its Chief Secretary – Respondent
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
The court established that accused persons must disclose their location in bail applications to ensure transparency and proper judicial consideration.
The court emphasized the need for clear procedures in pre-arrest bail applications, especially for accused residing abroad, to prevent suppression of facts.
Sec.438 of Cr.P.C reads as Direction for grant of bail to person apprehending arrest.
Pre-arrest bail application is not maintainable after arrest; only regular bail may be sought subsequently.
The main legal point established in the judgment is the requirement of special circumstances to file anticipatory bail directly before the court and the need for a concrete belief of arrest based on ....
The court can grant transit bail to prevent inter-state arrest, emphasizing personal liberty under specified conditions.
Pre-arrest bail is not granted as a matter of course; serious allegations and the stage of investigation weigh heavily against release.
Anticipatory bail is an extraordinary remedy that must be justified by circumstances, balancing the rights of the accused against the interests of justice and effective investigation.
The Court's discretion in granting bail is influenced by the applicant's bona fides and clean hands in seeking relief.
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