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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Shahir Basheer S/o Basheer – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. facts surrounding allegation of rape and threat. (Para 2 , 3) |
| 2. arguments of counsel regarding bail eligibility. (Para 4 , 5) |
| 3. court's reasoning on pre-arrest bail conditions. (Para 7) |
ORDER :
1. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
2. The applicant is the sole accused in Crime No.73/2026 of Chokli Police Station, Kannur District. The offences alleged are punishable under Sections 64 (1), 64(2)(m), 69, 143(1)(f) and 143(2) of the Bharatiya Nyaya Sanhita, 2023; Section 66E of the Information Technology Act, 2000 and Section 376 of the Indian Penal Code, 1860.
3. The prosecution case, in short, is that the applicant fell in love with the de facto complainant while they were studying in a college. In March 2017, the applicant made her believe that he would marry her and under the pretext of discussing it with his parents, he brought her to his house at Olavilam, got her intoxicated and committed rape on her. He had recorded the sexual acts on his mobile phone and then, on several occasions till 21.07.2025, at different places, had repeated sexual intercourse with her by t
Pre-arrest bail is not granted as a matter of course and requires clear, specific justification, particularly when the applicant conceals significant facts such as being abroad during the application....
Pre-arrest bail requires a special case to be made, especially when serious allegations are involved.
The court emphasized that pre-arrest bail is not automatically granted and must consider the gravity of the allegations and the necessity of investigation.
The court reaffirmed that pre-arrest bail is not granted as a matter of course, especially when serious allegations warrant custodial interrogation.
Pre-arrest bail is denied when serious charges indicate a premeditated criminal act, necessitating custodial interrogation to preserve the integrity of the investigation.
Pre-arrest bail requires special circumstances and may be denied if serious allegations exist that could affect the investigation.
The court emphasized the need for clear procedures in pre-arrest bail applications, especially for accused residing abroad, to prevent suppression of facts.
The grant of pre-arrest bail is not to be taken lightly, especially when serious charges and ongoing investigations warrant custodial interrogation.
Pre-arrest bail is not granted as a matter of course; serious allegations and evidence suggest premeditated criminal activity establish grounds for denial.
The court emphasized that pre-arrest bail is not granted as a matter of course and must be supported by strong justification.
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