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Niyasali – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. bail application filed under section 438 of cr.p.c. (Para 1) |
| 2. interim order against arrest was violated. (Para 2) |
| 3. mistake admitted by station house officer regarding the arrest. (Para 3 , 4) |
| 4. importance of verifying interim orders before arrest. (Para 5) |
| 5. bail application disposed due to arrest of the petitioner. (Para 6 , 7) |
ORDER :
1. This Bail application is filed under Section 438 of Criminal Procedure Code.
2. The petitioner is the accused in Crime No. 494 of 2022 of Thamarassery Police Station. When this bail application was filed, this Court passed an interim order not to arrest the petitioner. The learned counsel for the petitioner on 22.05.2023 mentioned before this Court that, when the interim order is in force, the petitioner was arrested by the Station House Officer, Thamarassery Police Station. Therefore, this Court passed the following order on 22.05.2023:
Issue a copy of this order today
Accused persons are entitled to pre-arrest bail if they are not likely to abscond or interfere with the investigation.
Pre-arrest bail can be granted subject to conditions that ensure the petitioner's cooperation with the investigation, prevent witness intimidation or interference with the investigation, and prohibit....
The court established that police cannot arrest individuals under interim bail without prior court permission, emphasizing the need for proper procedures in maintaining judicial authority over invest....
The absence of a registered crime against a petitioner is a critical factor in determining the entitlement to pre-arrest bail under the BNSS.
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