IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SUNIL JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14665 OF 2025
| Table of Content |
|---|
| 1. application for transit bail. (Para 1 , 2 , 3) |
| 2. court's observations on bail principles. (Para 5) |
| 3. final order regarding bail. (Para 6) |
O R D E R
This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.
2. The applicant is accused No.2 in C.S. No.312730 of 2024 on the files of the Metropolitan Magistrate Court, Calcutta. The offence alleged against the applicant is punishable under Section
25 of the Payment and Settlement Systems Act , 2007.
3. The learned counsel for the applicant submitted that non bailable warrant issued by the Metropolitan Magistrate Court, Calcutta is pending against him. It is in these circumstances that he has approached this Court seeking transit bail to approach the Metropolitan Magistrate Court, Calcutta to seek regular bail. 4. Heard the learned counsel for the applicant and the learned Public Prosecutor.
5. The offence alleged against the applicant is bailable in nature. Relying onPriya Indoria v. State of Karnataka [2023 KHC OnLine 6997] andSamdeep Varghese v. State of Kerala [2010 (2) KHC 881] , the learned counsel for the applicant submitted that though this Court is not in a position to grant pre-
arrest bail in cases where crimes have been registered outside the territorial jurisdiction, this Court is empowered to pass an order of transit bail.
6. In view of the precedents referred to above, the applicant is given the liberty to approach the jurisdictional Court and seek appropriate remedies, in accordance with law, within a period of three weeks from today.
Accordingly, this bail application is disposed of with a direction to the respondents not to arrest the applicant for a period of three weeks from today.
Sd/-
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.