2026 Supreme(Online)(Ker) 8597

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABDUL RAHEEM.K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14562 OF 2025

The direct approach to the High Court for pre-arrest bail without resorting to the Sessions Court is inappropriate and requires dismissal but allows for subsequent application.

Headnote:This application was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail. The Court noted that the applicant directly approached it without exhausting remedies at the Sessions Court. Therefore, it dismissed the bail application but granted liberty to apply to the Sessions Court within two weeks. The Court emphasized that the applicant shall not be arrested during this period. The primary question framed was whether the applicant should be granted pre-arrest bail. The Court reasoned that direct approach to the High Court for pre-arrest bail was inappropriate, highlighting established practice requiring prior recourse to the Sessions Court. The result established a two-week period to allow the applicant to seek necessary legal remedy.