Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 5449

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
DEEPA SHAJI, SHAJI T. NAIR, SUMADEVI – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 252 OF 2026

Advocates:
For the Appellants/Petitioners: SRI.P.MOHANDAS, SRI.K.SUDHINKUMAR, SRI.SABU PULLAN, SRI.R.BHASKARA KRISHNAN, SRI.BHARATH MOHAN, DR.K.P.SATHEESAN (SR.)
For the Respondents: SRI.M.C. ASHI, SR. PP

Pre-arrest bail application dismissed due to lack of exceptional circumstances.

Headnote:This case deals with an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for pre-arrest bail by the accused in Crime No.1433/2025. The court found no exceptional circumstances warranting the application, leading to its dismissal. The main issue is the maintainability of the application in light of the applicants not approaching the Sessions Court. The court reasoned that since the applicants did not present extraordinary circumstances, the application lacked merit. The order concludes with the dismissal of the bail application while granting the applicants a two-week period before potential arrest.

O R D E R

This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre- arrest bail filed by the applicants, who are accused Nos.1 to 3 in Crime No.1433/2025 of Pooyappally Police Station, Kollam District.

The applicants have not approached the Sessions Court and no exceptional circumstances have been canvassed. Hence, this pre-arrest bail application is not maintainable before this Court. Accordingly, this bail application is dismissed with liberty to the applicants to approach the Sessions Court. The applicants shall not be arrested for a period of two weeks from today.

Sd/-

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