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2026 Supreme(Online)(Ker) 8209

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHAKEELA – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14185 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.MITHUN P., SHRI.SUMEEN S., SMT.MERIN THOMAS
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

A court can grant transit bail even when the jurisdiction for anticipatory bail lies elsewhere.

Headnote:This judgment addresses an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding bail in Crime No. 158/2025. The court found that the apprehension of the applicant regarding inter-state arrest is reasonable, and it disposed of the bail application with liberty to approach the jurisdictional Court. The applicant is granted a window of three weeks to seek remedies in law, as outlined verifiably in the final instruction of the ruling.

Table of Content
1. application for bail in a specific case. (Para 1 , 2 , 3)
2. discussion on legal representation. (Para 4)
3. observations on inter-state arrest apprehensions. (Para 5 , 6)
4. final ruling regarding arrest and timelines for remedies. (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.158/2025 of Sadashivanagar Police Station, Bengaluru, Karnataka. The offences alleged against the applicant are punishable under Section 66 (D) of the Information Technology Act, 2000 and Section s 61 (2) and 308(2) of the Bharatiya Nyaya Sanhita , 2023.

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 her life and personal liberty in the jurisdiction where the FIR is registered.

7. The applicant has satisfied this Court regarding her 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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