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2026 Supreme(Online)(Ker) 12806

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
RAJESH – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 913 OF 2026 | CRIME NO.50/2025



Advocates:
For the Appellants/Petitioners: SHRI.K.SHRIHARI RAO, SMT.N.SHOBHA, SHRI.B.R.MURALEEDHARAN
For the Respondents: SRI.M.C. ASHI

A bail application cannot bypass the Sessions Court without exceptional circumstances; the right to seek bail remains intact at the lower court.

Headnote:The application was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking pre-arrest bail. The applicant approached the High Court without first approaching the Sessions Court and did not present exceptional circumstances. The court dismissed the application for bail but allowed the applicant the right to approach the Sessions Court. Court concluded that further legal remedies are available to the applicant.

Table of Content
1. application filed under section 482 seeking bail. (Para 1)
2. court denies bail due to lack of exceptional circumstances. (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. The applicant has approached this Court without approaching the Sessions Court concerned. No exceptional circumstances have been canvassed.

Hence, the application for pre-arrest bail is dismissed without prejudice to the right of the applicant to approach the Sessions Court concerned.

Sd/-

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