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2026 Supreme(Online)(Ker) 11728

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
VINCY PETER – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 826 OF 2026 | CRIME NO.18/2025



Advocates:
For the Appellants/Petitioners: SMT.P.JAYA, SHRI.REHIM RAWTHER, SHRI.N.G.SUNIL
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

The court affirms that transit bail is granted in cases involving cross-jurisdictional issues, ensuring protection of personal liberty.

Headnote:Statute Analysis: This applies to an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is accused in Crime No.18/2025 with offences under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66 D of the IT Act, 2000. Findings of Court establish risk of arrest justifying transit bail.

Issues: The Court questions jurisdictional authority and the circumstances necessitating transit bail.

Ratio Decidendi: The Supreme Court precedent indicates transit bail is permissible in cross-jurisdictional criminal matters.

Result: The applicant is allowed liberty to seek remedies in the jurisdictional Court within three weeks.

Table of Content
1. application for bail under bnss. (Para 1 , 2 , 3)
2. arguments presented for bail applicability. (Para 4)

ORDER

This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The applicant is the accused in Crime No.18/2025 of Cyber Crime Police Station, Etah, Uttar Pradesh. The offences alleged against the applicant are punishable under Section 318 (4) of the Bharatiya Nyaya Sanhita , 2023 and Section 66 D of the Information Technology Act , 2000.

3. The applicant apprehends arrest by respondent No.2 in the above crime.

4. Heard the learned counsel for the applicant and the learned Senior Public Prosecutor.

5. The Supreme Court in Priya Indoria v.

State of Karnataka (2023 KHC OnLine 6997) held that though this Court is not in a position to grant pre-arrest bail in cases where crimes have been registered outside the territorial jurisdiction, this Court is empowered to pass an order of transit bail.

6. The apprehension of the applicant of an inter-

state arrest appears to be well-founded. The grounds raised by the applicant for an order of transit bail appears to be reasonable to avoid minimum threat to her life and personal liberty in the jurisdiction where the FIR is registered.

7. The applicant has satisfied this Court regarding her inability to seek anticipatory bail from the court which has territorial jurisdiction to take cognizance of the offence immediately.

This bail application is therefore disposed of with liberty to the applicant to approach the jurisdictional Court and seek proper remedies in accordance with law, within a period of three weeks from today. The respondent No.2 shall not arrest the applicant till the expiry of the said three weeks.

Sd/-

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