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2026 Supreme(Online)(Ker) 2867

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
DHEERAJ K. S. – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14219 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.K.N.ABHILASH, SHRI.SUNIL NAIR PALAKKAT, SHRI.RITHIK S.ANAND, SHRI.RISHI VARMA T.R.
For the Respondents: SMT.M.K.PUSHPALATHA, SR. PP.

Court determines transit bail is appropriate due to inter-state arrest concerns while deferring substantive relief to the jurisdictional court.

Headnote:The application pertains to bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning Crime No.4966/2024 for alleged offences under relevant laws. The apprehension of the applicant regarding an inter-state arrest is found reasonable. The court grants a transit bail allowing the applicant to seek remedies from the jurisdictional court within three weeks.

Table of Content
1. filing of bail application under applicable laws. (Para 1 , 2 , 3)
2. context of the application and legal representation. (Para 4)
3. discussion on jurisprudential aspects of transit bail. (Para 5 , 6)
4. final order granting transit bail and stipulations regarding arrest. (Para 7)

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 the accused in Crime No.4966/2024 of the Cyber Crime Police Station, Cyberabad Commissionerate, Gachibowli, Telangana State. The offences alleged against the applicant are punishable under Section 318 (4) of the Bharatiya Nyaya Sanhita , 2023 and Section

66(D) of the Information Technology Act , 2000.

3. The applicant apprehends arrest by respondent No.2 in the above crime.

4. Heard the learned counsel for the applicant and the learned Senior Public Prosecutor.

5. The Supreme Court in Priya Indoria v. State of Karnataka (2023 KHC OnLine 6997) held 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. The apprehension of the applicant of an inter-state arrest appears to be well-founded. The grounds raised by the applicant for an order of transit bail appears to be reasonable to avoid minimum threat to his life and personal liberty in the jurisdiction where the FIR is registered.

7. The applicant has satisfied this Court regarding his inability to seek anticipatory bail from the court which has territorial jurisdiction to take cognizance of the offence immediately.

This bail application is therefore disposed of with liberty to the applicant to approach the jurisdictional Court and seek proper remedies in accordance with law, within a period of three weeks from today. The respondent No.2 shall not arrest the applicant till the expiry of the said three weeks.

Sd/-

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