SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 46315

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MANU DAS – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application | 9965 of 2025



Advocates:
For the Appellants/Petitioners: SRI.P.K.SUBHASH, SMT.JENI JOHN
For the Respondents: SRI. NOUSHAD K. A. (PP)

Bail applications can be rejected if the petitioner is not yet arrayed as an accused in the crime, and procedural follow-up is necessary upon arraignment.

Headnote:This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner seeks bail in Crime No.626/2025 registered for offences under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. The court notes that the petitioner has not yet been arrayed as an accused, thus the apprehension of arrest does not subsist. If the petitioner is arrayed as accused, the procedure under Section 35(3) of BNSS must be followed before any coercive action.

Table of Content
1. petitioner's arrest concern noted (Para 2)
2. court's directive upon arraignment as accused (Para 4)

ORDER

This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner apprehendS arrest in Crime No.626/2025 of Hosdurg Police Station, Kasargod, registered for the offences punishable under Section 318 (4) of the Bharatiya Nyaya Sanhita , 2023.

3. Learned Public Prosecutor, upon instructions, submitted that petitioner has not yet been arrayed as an accused.

4. In view of the above submission, the apprehension of arrest of the petitioner does not subsist. Therefore, this bail application is closed. However, if in case the petitioner is arrayed as accused in the said crime, necessarily the procedure under Section 35 (3) of BNSS shall be followed, before initiating any coercive proceedings.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top