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2025 Supreme(Online)(Ker) 34090
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MAHESH O.P., ANEESH K., ANEESH P P., AMAL RAJ, SUJI K., VINEETH P K., SAJEEVAN K P. – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 7849 OF 2025
For the Appellants/Petitioners: SHRI.ARUN KRISHNA DHAN, SRI.ARJUN SREEDHAR, SHRI.T.K.SANDEEP, SRI.ALEX ABRAHAM, SMT.SWETHA R., SHRI.HARIKRISHNAN P.B., SHRI.AMJITH C.M., SMT.SREELAKSHMI SHIBU
For the Respondents: SMT. SREEJA V., PP
The bail application became moot for arrested petitioners, while non-arrested petitioners are protected from coercive action without due process. This underscores the need for adherence to legal protocols in arrest and bail matters.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bail application filed by accused apprehending arrest for various offences including under sections of Bharatiya Nyaya Sanhita, 2023, Kerala Healthcare Service Persons Act, 2012, and the Kerala Prevention of Damage to Private Property Act, 2019. (Paras 1, 2)
(B) Bail Application - Petitioners 1 to 5 have already been arrested which renders their application infructuous, while petitioners 6 and 7 have not been arrayed as accused and thus their apprehension subsists. The court ensures that no coercive action shall be initiated against petitioners 6 and 7 without proper summons under BNS. (Paras 3, 4)
Facts of the case:
Petitioners seeking bail are apprehending arrest in a registered crime for multiple serious allegations. The learned Public Prosecutor confirms the arrest of several petitioners.
Findings of Court:
The bail application for petitioners 1 to 5 is rendered moot, while for petitioners 6 and 7, the apprehension remains conditional.
Issues: Whether bail can be granted to petitioners who have been arrested and the legal standing of those not yet accused.
Ratio Decidendi: The application is moot for arrested petitioners, and for unaccused petitioners, no coercive action is permitted without summons, reinforcing procedural safeguards in criminal proceedings.
Result: Bail application closed.
| Table of Content |
|---|
| 1. bail application filed under bnss regarding arrest of petitioners. (Para 1 , 2) |
| 2. acknowledgment of arrest status and implications. (Para 3) |
| 3. dismissal of application with provisions for future identification. (Para 4) |
ORDER
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioners apprehend arrest in Crime No.564 of 2025 of Kuttiady Police Station, Kozhikode, registered for the offences punishable under Sections 189 (2), 191(2), 191(3), 324(5) and 190 of the Bharatiya Nyaya Sanhita, 2023 , Sections 3 and 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 and Section 5 of the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 .
3. The learned Public Prosecutor, on instructions, submitted that petitioners 1 to 5 have already been arrested, however, the remaining accused have not yet been identified. It was also submitted that petitioners 6 and 7 are not identified and hence they were not arrayed as accused so far.
4. In view of the above submission, this bail application, as far as petitioners 1 to 5 are concerned, has become infructuous and as far as petitioners 6 and 7 are concerned, since they have not been arrayed as accused, their apprehension of arrest does not subsist.
