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2024 Supreme(Online)(Ker) 77176

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
XX – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 4091 OF 2024



Advocates:
For the Appellants/Petitioners: Alex K.John, Remya Murali, Ninan Thomas, Reena Jacob, Srayas Joseph
For the Respondents: Seetha S

Bail applications must contain essential details related to the accusations for proper legal consideration and cannot be vague.

Headnote:The application is made under Section 438 of the Code of Criminal Procedure, 1973 for pre-arrest bail. The petitioners, apprehending arrest in connection with a non-bailable offence, fail to provide essential details in the application. The Court cites Gurbaksh Singh Sibbia v. State of Punjab and Kusha Duruka v. State of Odisha to establish the necessity of including critical particulars in bail applications. Consequently, the application is deemed unsustainable and dismissed, allowing for a resubmission with adequate details.

Table of Content
1. lack of details in bail application. (Para 2)
2. court's expectation regarding necessary details in bail applications. (Para 3 , 4 , 5)

ORDER

The application is filed under Section 438 of the Code of Criminal Procedure , 1973 (in short, ‘Code’), for an order of pre-arrest bail.

2. The petitioners apprehend arrest in an unknown crime by the Sulthan Bathery Police Station, Kollam, for allegedly committing a non-bailable offence.

3. Heard; Sri.Alex K.John, the learned counsel appearing for the petitioner and Sri.Seetha S., the learned Senior Public Prosecutor.

4. The learned Public Prosecutor, on instructions, submits that the petitioner is the 3rd accused in the above crime, which has been registered against the accused for allegedly committing the predicate offence under Section 376 (2)(n) of the Indian Penal Code .

5. On a reading of the bail application, it can be seen that none of the details or materials pertaining to the incident, crime number, the offences or the rank of the accused have been stated. The bail application is vague and lacks the requisite details, particularly the offences levelled against the petitioner. It is well-settled inGurbaksh Singh Sibbia v. State of Punjab [ (1980) 2 SCC 565 ] as well asKusha Duruka v. State of Odisha [ 2024 (1) KHC 389 ] that a bail application should contain the elementary details pertaining to the accusations levelled against the accused. Therefore, I am of the view that the present application is unsustainable in law and the petitioner would be at liberty to file a fresh application after incorporating all the requisite details.

In the result, the bail application is dismissed, without prejudice to the right of the petitioner to file a fresh bail application, if so advised, after incorporating his rank, crime number, the offences and all the accusations levelled against him.

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