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2026 Supreme(Online)(Ker) 1935

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



Advocates:
For the Appellants/Petitioners: SRI.KIROSH RAJAN PONNAMBIL, SRI.JOSEPH P P
For the Respondents: SRI.U.JAYAKRISHNAN, PP

The court is empowered to grant transit bail even if pre-arrest bail is not permissible beyond territorial jurisdiction.

Headnote:The court examined an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, by an accused seeking transit bail to approach the Metropolitan Magistrate Court for regular bail. The court found the offence bailable and emphasized the need to respect territorial jurisdiction, referencing precedents where transit bail was permissible. The applicant was given liberty to seek remedies from the jurisdictional Court within three weeks.

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/-

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