IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Pankaj Kumar, S/o. Late Yash Paul – Appellant
Versus
Station House Officer, Cyber Crime Police Station, Thiruvananthapuram – Respondent
| Table of Content |
|---|
| 1. overview of accused's application and charges. (Para 2) |
| 2. procedural context of transit bail application. (Para 4) |
| 3. arguments for and against pre-arrest bail. (Para 6 , 7 , 8) |
| 4. court's reasoning on maintainability of pre-arrest bail. (Para 10 , 11 , 12 , 13) |
| 5. final judgment dismissing the bail application. (Para 14) |
ORDER :
KAUSER EDAPPAGATH, J.
This application is filed under Section 482of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
2. The applicant is accused No.3 in Crime No.109/2025 of Cyber Crime Police Station, Thiruvananthapuram City. The offences alleged are punishable under Sections 78(1)(ii) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’); Section 67B of the Information Technology Act , 2000, and Section 14 read with Section 13 of the Protection of Children from Sexual Offences (PoCSO) Act, 2012.
3. The prosecution case, in short, is that a minor girl aged 12 years, while using her father’s mobile phone, downloaded the Snapchat application and began interacting with several users, including one identified as “Jinhwa” (accused No.1, namely Ishan). It is alleged that he exchanged photogr
Pre-arrest bail application is not maintainable after arrest; only regular bail may be sought subsequently.
The court emphasizes that pre-arrest bail should not be granted as a matter of course and must consider the gravity of accusations and the investigation's stage.
The court affirms that transit bail is granted in cases involving cross-jurisdictional issues, ensuring protection of personal liberty.
Court acknowledges the provision of transit bail due to apprehension of interstate arrest.
The court recognizes its authority to grant transit bail despite territorial jurisdiction limitations under specific legislative provisions.
Court granted transit bail to accused in cybercrime case due to reasonable apprehension of interstate arrest.
The court can grant transit bail in cyber crime cases even when pre-arrest bail is not applicable due to jurisdictional issues.
The court emphasized that granting pre-arrest bail requires careful consideration of the severity of accusations and necessity of investigation.
The Court can grant transit bail even when crimes are outside its territorial jurisdiction.
Pre-arrest bail is denied when serious allegations and potential for interference with investigations exist.
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