IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J.
Preethi Mathew, D/o. AS Mathew - Petitioner
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala & Ors. - Respondents
Bail Appl. Nos.5950, 5961, 5964, 5954, 5953, 5939, 5855, 5949, 5948, 5947, 5944, 5945, 5943, 5942, 5941, 5951, 5956, 5955 and 5946 of 2025
Decided On : 21-05-2025
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail - Petitioner apprehending arrest in multiple crimes, already in custody - Blanket order sought without specific details - Court finds that granting anticipatory bail would prejudice the legal process and investigation - Dismissal of applications with liberty to seek relief as per law. (Paras 2-5)
(B) Anticipatory Bail - The court emphasizes that anticipatory bail cannot be granted based on vague allegations or blanket requests, as it undermines the investigation process. (Para 5)
ORDER :
These bail applications is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).
2. Petitioner is apprehending arrest in crimes proposed to be registered. According to the petitioner she was arrested on 25.02.2025 in Crime No.38 of 2025 of Kottayam West Police Station. Thereafter 26 other crimes have been registered against her and she continues in custody. She apprehends arrest in other similar cases and hence seeks anticipatory bail.
3. According to the learned Public Prosecutor, though around 500 complaints have been received and crimes have been registered in some of the instances, it is not possible to identify from the allegations in these bail applications, the respective crimes or the nature of allegations or even the complainant with reference to which the individual bail applications have been filed.
4. On a perusal of the applications for bail, it is noticed that a blanket order is sought by the petitioner without any specific details. Petitioner is already in custody and, hence, it is always open to the investigating officer to record her arrest in other cases. Therefore, grant of anticipatory bail at this juncture would prejudice the legal process. Petitioner is apprehending arrest in crimes in the Kottayam West Police Station while crimes have been registered in various other police stations as well and, therefore, it is not possible in this proceeding to grant any relief.
5. Having considered the rival submissions, this Court is of the view that, since the petitioner is already in custody, grant of anticipatory bail on the basis of vague allegations is not proper. The grant of anticipatory bail in a blanket manner without reference to any specific crime or the police station would prejudice the investigation and would give a blanket protection to the petitioner from arrest in any crime. Such a relief cannot be granted in exercise of the jurisdiction under S.482 of BNSS. Perhaps the remedy of the petitioner is by taking recourse to other methods as enjoined by law.
Hence, these applications are dismissed reserving the liberty of the petitioner to seek relief in accordance with law.
Anticipatory bail cannot be granted based on vague allegations or blanket requests, as it undermines the investigation process.
No grounds exist for the arrest of the petitioner as no crime is registered currently.
Court grants anticipatory bail where evidence against the accused is primarily based on suspicion.
The court emphasizes balancing individual rights against public interest in granting anticipatory bail.
Anticipatory bail can be granted if accusations appear motivated by ulterior motives, emphasizing the presumption of innocence and need for careful judicial consideration.
(1) Anticipatory bail petition – Once first anticipatory bail is denied without there being any change in fact situation, second application for same relief under Section 438 Cr.P.C. cannot be entert....
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