IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
DINESH KUMAR P S – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14249 OF 2025 | CRIME NO.1083/2025
| Table of Content |
|---|
| 1. application filed under bnss regarding apprehended arrest. (Para 1 , 2 , 5) |
| 2. court's jurisdictional limitations and authority established. (Para 4 , 6) |
| 3. apprehension of inter-state arrest acknowledged. (Para 7) |
| 4. granting of bail contingent on seeking remedies. (Para 8) |
ORDER
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.1083/2025 of Chengannur Police Station. Alappuzha. The offence alleged against the applicant is punishable under Section 376 of the IPC 3. The applicant apprehends arrest in the above crime.
4. Heard the learned counsel for the applicant and the learned Senior Public Prosecutor.
5. It is submitted by the learned Senior Prosecutor on instructions that during the investigation, it was found that the place of occurrence was in Yeswanthapuri in Bangalore and the FIR and other documents were sent to Upparpet Police Station in Karnataka State with the permission of the Hon'ble State Police Chief for further investigation.
6. 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.
7. 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.
8. 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 two weeks from today. The applicant shall not be arrested till the expiry of the said two weeks. Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp APPENDIX OF BAIL APPL. NO. 14249 OF 2025 PETITIONER ANNEXURES Annexure I A COPY OF THE FIS
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