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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
For the Appellants/Petitioners: Shri.Nirmal.S
For the Respondents: Sri.Enoch David Simon, Sri.M.C.Ashi
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.
| Table of Content |
|---|
| 1. application for pre-arrest bail under section 482. (Para 1) |
| 2. dismissal with liberty to apply to sessions court. (Para 2) |
ORDER
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 Sri.Nirmal S., the learned counsel for the applicant, Sri.Enoch David Simon, the learned counsel for the additional respondent No.2 and Sri. M.C.Ashi, the learned Senior Public Prosecutor.
The applicant has directly approached this Court seeking pre-arrest bail without approaching the Sessions Court. Hence, this bail application is dismissed with liberty to the applicant to approach the Sessions Court concerned seeking pre-arrest bail. In order to facilitate the applicant to approach the Sessions Court, he shall not be arrested for a period of two weeks from today.
Sd/-
