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2026 Supreme(Online)(Ker) 5561

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABID @ AABIN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14765 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.NEETHU S.
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

The court outlined conditions for granting pre-arrest bail emphasizing compliance with investigation requirements and preventive measures against evidence tampering.

Headnote:This application was brought under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for pre-arrest bail. The applicant complied with a previous interim order by appearing before the investigating officer, leading to the seizure of evidence not necessitating further custody. The court granted bail under specific conditions to ensure cooperation and prevent tampering with evidence. The applicant is required to maintain communication with the investigation process and adhere to restrictions during bail.

Table of Content
1. pre-arrest bail request under bnss. (Para 1 , 2)

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-arrest bail.

2. I have heard Smt.Neethu S, the learned counsel for the applicant and Sri. K.A.Noushad, the learned Senior Public Prosecutor. Perused the case diary.

3. This Court passed an interim order on 19.01.2026.

It is submitted that, in compliance with the said order, the applicant appeared before the investigating officer on 24.01.2026 along with his mobile phone, which contained the sexual acts of accused No.1 forwarded by her to him. It is further submitted that, after interrogation, the investigating officer seized the mobile phone. In these circumstances, I am of the view that further custodial interrogation of the applicant is not necessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE

APA

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