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2026 Supreme(Online)(Ker) 15394
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHARUN K.S – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1190 OF 2026
Advocates:
For the Appellants/Petitioners: SHRI.RADHAKRISHNAN R., SMT.SREELAKSHMI P.R., SMT.LATTISHA THERASA THOMAS
For the Respondents: SMT.SREEJA V., SR. PUBLIC PROSECUTOR
For the Appellants/Petitioners: SHRI.RADHAKRISHNAN R., SMT.SREELAKSHMI P.R., SMT.LATTISHA THERASA THOMAS
For the Respondents: SMT.SREEJA V., SR. PUBLIC PROSECUTOR
Direct approach to High Court for pre-arrest bail without extraordinary circumstances warrants dismissal.
Headnote:This judgment considers an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for pre-arrest bail. The petitioner, having approached the High Court directly, failed to provide extraordinary circumstances justifying this direct approach, leading to the dismissal of the bail application while preserving the applicant's right to seek relief from the Sessions Court. The court addresses the essential parameters for such applications, affirming the necessity of approaching the lower court first when extraordinary circumstances are not demonstrated.
| Table of Content |
|---|
| 1. application for pre-arrest bail under bnss is filed. (Para 1) |
| 2. direct approach to high court without prior application to sessions court is dismissed. (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 directly approached this Court without approaching the Sessions Court concerned. No extraordinary 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/-
