IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 9^TH DAY OF SEPTEMBER 2024 / 18TH BHADRA, 1946 BAIL APPL. NO. 6337 OF 2024 PETITIONER:

MAMACHAN, AGED 65 YEARS S/O THOMAS, KUNNUMPURATH VEEDU, ANAKULAM P.O., CHANNAPPETTA, KOLLAM DISTRICT, PIN - 691311 BY ADVS.K.V.ANIL KUMAR RADHIKA S.ANIL RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 THE STATION HOUSE OFFICER, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689101

3 MERIN PHILIPOSE, D/O PHILIPOSE ABRAHAM, PLAPPALLIL, AMARA, CHANGANASSERY, PIN - 686101 OTHER PRESENT:

SR PP SMT PUSHPALATHA M K THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

09.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 9^th day of September, 2024 The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023(in short, ‘BNSS’), for an order of pre-arrest bail.

2. The petitioner apprehends arrest in an unknown crime registered by the Thiruvalla Police Station, Kottayam, for allegedly committing a non-bailable offence.

3. Heard; Sri. K.V.Anil Kumar, the learned counsel appearing for the petitioner and Smt. Pushpalatha M.K., the learned Senior Public Prosecutor.

4. The learned Public Prosecutor, on instructions, submitted that the petitioner is the second accused in Crime No.1129/2024 of the Thiruvalla Police Station, which is registered against the accused for allegedly committing a non-bailable offence. The said submission is recorded.

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 in Gurbaksh Singh Sibbia v. State of Punjab [(1980) 2 SCC 565 ] as well as Kusha 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.

Sd/-

C.S.DIAS,JUDGE DST/09.09.24 //True copy//

P.A. To Judge