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2026 Supreme(Online)(Ker) 8600
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABDUL RAHEEM.K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14566 OF 2025 | CRIME NO.1072/2025
For the Appellants/Petitioners: SHRINIRMAL.S
For the Respondents: SRI.K.A. NOUSHAD, SRI.ENOCH DAVID SIMON, SRI.S.SREEDEV, SRI.RONY JOSE, SRI.LEO LUKOSE, SRI.KAROL MATHEWS, SEBASTIAN ALENCHERRY, SRI.DERICK MATHAI, SRI.KARAN SCARIA ABRAHAM, SRI.RINOY INNOCENT, SRI.AADITHYA S.R.
A direct approach to the High Court for bail application without prior application to the Sessions Court is not permissible under prevailing laws.
Headnote:This case concerns a bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant seeks pre-arrest bail without approaching the Sessions Court, which results in the dismissal of the application with liberty for the applicant to seek bail at the Sessions Court. The Court noted the direct approach and provided a two-week period of protection from arrest. The main issues included the application of BNSS and the applicant's ability to approach the Sessions Court for bail.
| Table of Content |
|---|
| 1. bail application seeks pre-arrest bail under bnss. (Para 1) |
| 2. direct approach to high court dismissed; advised to seek 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.K.A.Noushad, 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/-
