Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 8601

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABDUL RAHEEM.K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14568 OF 2025

Advocates:
For the Appellants/Petitioners: SHRI.NIRMAL.S
For the Respondents: SRI.ENOCH DAVID SIMON JOEL, SMT.SREEJA V., SRI.S.SREEDEV, SRI.RONY JOSE, SHRI.LEO LUKOSE, SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY, SHRI.DERICK MATHAI, SRI.KARAN SCARIA ABRAHAM, SRI.RINOY INNOCENT, SRI.AADITHYA S.R.

A petitioner can seek pre-arrest bail under Section 482 without exhausting all remedies at the Sessions Court but must seek it accordingly.

Headnote:This judgment addresses a bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the petitioner, seeking pre-arrest bail, approached the Court directly without prior recourse to the Sessions Court. The Court dismissed the application but allowed a grace period of two weeks for the petitioner to seek bail from the Sessions Court. The petitioner's liberty to seek remedy in the Sessions Court was emphasized as part of the Court's findings, thereby ensuring compliance with procedural standards.

Result: The bail application is dismissed with liberty to the applicant to approach the Sessions Court.

Table of Content
1. petitioner filed application for pre-arrest bail under applicable law. (Para 1)
2. court dismisses bail application but grants time for sessions court approach. (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 Smt. Sreeja V., 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/-

Click Here to Read the rest of this document

2026 Supreme(Online)(Ker) 8601

IN THE HIGH COURT OF KERALA AT ERNAKULAMDR. KAUSER EDAPPAGATH, JABDUL RAHEEM.K – AppellantVersusSTATE OF KERALA – RespondentBAIL APPL. NO. 14568 OF 2025

A petitioner can seek pre-arrest bail under Section 482 without exhausting all remedies at the Sessions Court but must seek it accordingly.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABDUL RAHEEM.K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14568 OF 2025