Back
2025 Supreme(Online)(Ker) 37485
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
JITHEESH C – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. No.6748 of 2025
For the Appellants/Petitioners: SRI.NAVANEETH.N.NATH, SMT.ABHIRAMI S., SHRI.ABDUL LATHEEF P.M.
For the Respondents: SMT. SREEJA V., PP
The alteration of charges to bailable offences eliminates the grounds for apprehension of arrest.
Headnote:In the case concerning Bail Application No. 6748 of 2025, the petitioner fears arrest in relation to Crime No. 364 of 2025. Initially, serious charges were posed under specific sections of the Bharatiya Nyaya Sanhita, 2023, subsequently modified to include only bailable offences. The court found that the allegations do not warrant further apprehension of arrest given the bailable nature of the offences. The court concluded that the bail application is thus granted.
| Table of Content |
|---|
| 1. nature of allegations (Para 1 , 2) |
| 2. court's decision on bail application (Para 3) |
O R D E R
Petitioner apprehends arrest in Crime No.364 of 2025 of Walayar Police Station, Palakkad.
2. The learned Public Prosecutor submitted that, though initially offences under Sections 126 (2), 118(1) and 110 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’) were alleged, during the course of investigation, the provision has been altered to Sections 126 (2) and 115(2) of . It was also submitted that the provisions now alleged against the petitioner are all bailable offences.
3. Since the offences alleged against the petitioner are bailable offences, the apprehension of arrest for a non bailable offence does not subsist.
Accordingly, this bail application is closed.
