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2026 Supreme(Online)(Ker) 12887

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
AKBAR K A – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13400 OF 2025 | CRIME NO.352/2025

Advocates:
For the Appellants/Petitioners: SRI.B.VINOD, SHRI.AZEEM SALIH
For the Respondents: SMT SREEJA V, SRI.L.RAJESH NARAYAN

Bailable offences do not warrant apprehension of arrest leading to pre-arrest bail application closure under the Bharatiya Nagarik Suraksha Sanhita.

Headnote:Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant, accused No.1 in Crime No.352/2025, sought pre-arrest bail for crimes allegedly punishable under various provisions required by the police. The court found all the alleged offences to be bailable and closed the application, stating there was no apprehension of arrest. The matter's specifics reframed the considerations determining bail eligibility under the new statutes.

Table of Content
1. application for bail under the new statute. (Para 1)
2. nature of the alleged offences. (Para 2)
3. closure of bail application due to bailable nature. (Para 3)

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 is the accused No.1 in Crime No.352/2025 of Kottayi Police Station, Palakkad District. The offences alleged are punishable under Sections 308(1), 333, 351 and 61 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 120 (o) of the Kerala Police Act , 2011.

3. The learned Senior Public Prosecutor on instructions submits that now the offences charged against the applicant are under Section 329 (4), 356(2) and 361(2)(b) of the Bharatiya Nyaya Sanhita, 2023 and 120(o) of the Kerala Police Act , 2011 and a report to that effect has already been filed before the jurisdictional Magistrate. All the above offences are bailable in nature. Hence, there is no question of apprehension of arrest.

Accordingly, the application for pre-arrest bail is closed.

Sd/-

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2026 Supreme(Online)(Ker) 12887

IN THE HIGH COURT OF KERALA AT ERNAKULAMDR. KAUSER EDAPPAGATH, JAKBAR K A – AppellantVersusSTATE OF KERALA – RespondentBAIL APPL. NO. 13400 OF 2025 | CRIME NO.352/2025

Bailable offences do not warrant apprehension of arrest leading to pre-arrest bail application closure under the Bharatiya Nagarik Suraksha Sanhita.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
AKBAR K A – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13400 OF 2025 | CRIME NO.352/2025