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2026 Supreme(Online)(Ker) 8602
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABDUL RAHEEM.K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14569 OF 2025
For the Appellants/Petitioners: Shri.Nirmal.S
For the Respondents: Smt.Sreeja V., Sri.Enoch David Simon
The High Court permits a pre-arrest bail application directly but emphasizes the need to first approach the Sessions Court.
Headnote:This case involved a bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the petitioner sought pre-arrest bail. The court found that the petitioner directly approached the High Court without prior permission from the Sessions Court, leading to the dismissal of the application while allowing the option to seek bail from the Sessions Court. The applicant is to remain unarrested for two weeks to facilitate this process.
| Table of Content |
|---|
| 1. application filed for pre-arrest bail under bnss. (Para 1) |
| 2. court emphasizes prior approach 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 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/-
