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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Preethi Mathew, D/o. AS Mathew – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala – Respondent
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 prej
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....
The court emphasized that anticipatory bail should be granted based on the nature of allegations and context, rather than solely on the severity of accusations.
The court ruled that insufficient grounds for anticipatory bail justified the application’s dismissal, allowing the petitioner to pursue regular bail.
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